Former SC judge to ask for apex court's written order on why his petition was rejected

Justice (ret) Mahmood Akhtar Siddiqui's petition calling for a probe of May 2013 general elections had been rejected

ISLAMABAD: Former Supreme Court judge Justice (retired) Mahmood Akhtar Siddiqui has decided to submit a plea in the Supreme Court, seeking a written order on the dismissal of his petition about May 2013 general elections.

A three-judge bench of the apex court, headed by Chief Justice Nasirul Mulk had on October 29 rejected three petitions, including one filed by Justice (retired) Siddiqui. The other petitioners were former interior minister Zahid Sarfraz and Daud Ghaznavi.

Talking to The Express Tribune, Justice (retired) Siddiqui said the top court had dismissed his petition calling for the May 2013 elections to be declared null and void. However, he argued that no written order has been issued yet explaining why his petition had been rejected.

“I am considering whether to submit an application soon, seeking the court’s written order about the dismissal of my petition”, he said. The former judge contended that the May 2013 general elections was the biggest crime to have been committed in the country.

Regarding the court’s observation that they could not overlook Article 225 of the Constitution in this matter, Justice (retired) Saddiqui claimed that Article 225 can be applied in individual cases, but since he had challenged the entire election process, therefore, the top court could direct a probe into the 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)”

Top jurists believe the apex court’s written order will be significant in the present political scenario. They say that if the written order clearly states that the Supreme Court cannot probe last year’s elections, then it will be set back for the PTI, which has been demanding a high powered commission, comprising by SC judges for this purpose.

Meanwhile, former Supreme Court bar Association president Kamran Murtaza says that the court takes time in releasing the written order due to busy schedule of the judges.

He believes that since court’s written order is relevant to the prevailing political scenario, there may be a possibility that the court was avoiding issuing the order for the impact it may have.

In a letter addressed to the court’s registrar on August 13, then Law Secretary Barrister Zafarullah Khan had said that the government had decided to constitute an inquiry commission. But the apex court has yet to act upon the government’s plea.