In black and white: Ex-judge to submit plea seeking written order

He is to ask SC about dismissal of his petition for declaring 2013 polls null and void

ISLAMABAD: Former Supreme Court judge Mahmood Akhtar Shahid Siddiqui has decided to submit a plea in the Supreme Court (SC), seeking a written order about the dismissal of his petition to declare the May 2013 general elections null and void.

The three-judge bench of the apex court, headed by Chief Justice Nasirul Mulk on October 29 rejected three petitions, including one filed by former SC judge Justice Mahmood Akhtar Shahid Siddiqui. The other petitioners are former interior minister Zahid Sarfraz and Daud Ghaznavi.



Talking to The Express Tribune, justice Siddiqui stated that the top court on October 29 dismissed his petition but he could not get a written order till now. He was close to former chief justice Ifitkhar Chaudhry during his tenure.

“I am considering submitting an application soon, seeking the court’s written order about the dismissal of my petition,” he said.

Regarding the court’s observation that they could not overlook Article 225 of the constitution in this matter, Justice Siddiqui said that Article 225 applied in individual cases but he had challenged the whole election process, therefore, the top court could direct for probing the last year elections.

Article 225 of the Constitution says, “No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Majlis-e-Shoora (Parliament).”

The top jurists believe that the top court’s written order will be significant in present political scenario. They say that if the written order clearly states that the top court cannot probe the 2013 elections then it will be a setback for the Pakistan Tehreek-e-Insaf (PTI), which is also demanding a high level commission, made up of the Supreme Court judges for the purpose.



Meanwhile, former Supreme Court Bar Association (SCBA) president Kamran Murtaza said that the court takes time in releasing the written order due to busy schedule of judges.

He also believed that the court’s written order is very relevant to present political scenario, therefore, there is a possibility that the court is not issuing order due to its effect on other parties.

Published in The Express Tribune, December 3^rd, 2014.