Chief Justice Qazi Faez Isa Proceeds with Election Nullification Case
Court Orders Additional Attorney General to Present Petitioner at All Costs.
ISLAMABAD: Chief Justice Qazi Faez Isa of Pakistan declared on Monday that the Supreme Court (SC) would proceed with hearing the case concerning the nullification of February 8 general elections, despite a petitioner’s attempt to withdraw the plea.
The petitioner, identified as Brigadier (r) Ali Khan, had initially filed a petition urging the court to declare the polls null and void, citing purported violations of democratic norms and electoral integrity.
However, during the proceedings, Brigadier Khan through an application sought to retract his plea, prompting Chief Justice Isa to order officials to present him before the bench.
Presiding over a three-member bench, which also includes Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, Chief Justice Isa emphasized the court’s commitment to addressing the matter.
The court ordered the additional attorney general to present the petitioner at all costs, asking who and where he was. “He did not even mention the name of the lawyer on the application,” the CJP remarked.
He questioned the motives behind the petitioner’s sudden change of heart, suggesting that seeking publicity might have been a driving factor.
Highlighting the petitioner’s earlier request to withdraw the plea on the very day it was filed, Chief Justice Isa underscored the widespread attention garnered by the case through media coverage.
Justice Mazhar mentioned that there were objections to the petition.
“Petitions are filed all over the world, but they are not published in the media,” CJP Isa remarked. “The petitioner should be brought before the court in any case.”
The SHO of the police station concerned was ordered to comply with the notice. “There cannot be such jokes with the Supreme Court,” the CJP remarked, adding that the court will hear this case today.
Despite efforts to contact Brigadier Khan through the provided address and WhatsApp, the court was unable to establish communication with him.
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The hearing was adjourned till February 21 and the petitioner was issued a notice through the Defence Ministry. The Supreme Court remarked that the petitioner has posed himself as a former brigadier of the Pakistan Army.
Filed on February 16, the petition alleged that pre-poll rigging and delays in the announcement of election results posed a significant threat to democratic principles.
The petitioner argued that in light of these concerns, the formation of a government following the February 8 elections should be halted.
Instead, petitioner Brig (retd) Ali Khan proposed that the Supreme Court order a fresh election under its supervision.
Missing persons case: caretaker PM summoned on Feb 28, again
n the Baloch ‘missing persons’ case hearing, Islamabad High Court (IHC) Justice Mohsin Akhtar Kayani raised concerns regarding the disappearance of twelve students, eight of whom are yet to be recovered.
Despite persistent queries from Justice Kayani, officials including caretaker ministers, the defense secretary, and the home secretary were notably absent from proceedings.
Justice Kayani’s questioned the absence of Prime Minister Anwar-ul-Haq Kakar during the hearing. Moreover, he expressed dismay over the non-appearance of the Secretary of Defense, adding to the growing list of unanswered queries surrounding the missing students.
However, Interior Secretary Aftab Durrani made an appearance before the court.
Justice Kayani pressed for accountability, stressing that it has been 24 hearings. He said that the recovery of citizens should not take two years. The court asserted that recovered citizens had no criminal cases against them. Justice Kayani criticised law enforcement agencies for their actions, particularly citing instances where citizens were detained without proper warrants.
Justice Kayani said, “The whole system knows what is happening, the judge also knows but everyone is silent,” adding, “If the state institutions do this, who will protect the citizens from thieves and robbers”.
IHC summon caretaker PM Kakar once again on February 28.
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