LHC directs returning officers to avoid questions unconnected with nomination papers

Court also restrains media from broadcasting from courtrooms.

Court takes notice of questions asked by returning officers. PHOTO: ONLINE/FILE

LAHORE:
The Lahore High Court on Friday directed returning officers of Punjab to refrain from asking 'random intrusive and inquisitive questions' from the candidates.

Justice Mansoor Ali Shah of the Lahore High Court issued this order while hearing a petition seeking strict implementation of Article 62 and 63 of the constitution while scrutinising the nomination papers of the candidates for upcoming general elections.

The judge asked Deputy Attorney General Naseem Kashmiri and representatives of ECP that strange news stories were being carried by daily newspapers about queries of ROs to the candidates.

On the judge's order, the LHC Research Assistant presented news clippings about ROs' queries. The court knew that that ROs had asked the candidates bout the number of their marriages, about their daily expenses, and their religious beliefs. Knowing this the judge remarked that who will decide that whose character is good, whose Islamic believes are proper and who is commenting against the ideology of Pakistan?

He asked whether the ECP had issued any procedure in this regard, and procedure should be presented before the court.

The DAG submitted before the court that according to the People Representation Act 1976, the ROs have power to take decisions in this regard on their own.


The court then issued the order, per articles 199 and 203 of the Constitution, read that to “safeguard the image of the judiciary and to maintain that the judiciary is there to achieve fair and free elections and not to carry out a witch hunt and demean the politicians of our country."

The judge directed all the district and sessions judges, district returning officers of Punjab to immediately refrain from asking random intrusive and inquisitive questions that have no nexus with the information supplied in the nomination paper or do not arise from the objections raised by the other side or from the information collected or received by the RO from the authorised agencies like NAB, SBP, FBR and NADRA as per the direction issued by the ECP on March 31, 2013.”

The returning officers were further directed that a candidate’s declaration and nomination paper shall only be questioned by the RO if there is tangible and credible material to the contrary on the record in the form of objections by the other side or information provided by the authorised agencies.

Media restrained

The court directed the ECP, PECP and DROs all over Punjab not to allow electronic media to telecast the judicial proceedings from inside the court room on national television.

However, members of the press and electronic media can be present inside the court to record and report the proceedings.
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