PESHAWAR: Peshawar High Court reserved its verdict on a petition filed against Zartaj Gul’s disqualification as a Member of National Assembly.
A two-member bench comprising Justice Syed Arshad Ali and Justice Muhammad Fahim Wali heard the petition filed against the disqualification of PTI leader Abdul Latif. The lawyer for the Election Commission of Pakistan said that the petitioner is a member of the National Assembly, the ATC sentenced her, and when someone is convicted, they cannot hold public office.
Justice Syed Arshad Ali remarked that the Lahore High Court had already ruled in the Ishaq Dar case that even if someone is convicted, they still have rights. Barrister Gohar Khan said that there are six cases before the court today, Omar Ayub and Shibli Faraz have two applications each.
The petitioner’s lawyer took the position that the Election Commission filed a petition in the Peshawar High Court against the notification, and the court heard it. Here, petitions of Omar Ayub and Shibli Faraz were already filed against the same notification; that is why we also filed a petition here.
The petitioner’s lawyer said that the petitioner was born in Khyber Pakhtunkhwa, after May 9, the petitioner has been living in Khyber Pakhtunkhwa, if the court did not hear the petitioner’s case here, then we would have filed a petition in another High Court, the petitioner has also been sentenced in his absence, the petitioner has filed an appeal against the sentence.
Justice Syed Arshad Ali inquired when the appeal was scheduled for hearing. The petitioner’s lawyer replied that it has not been scheduled for a hearing yet, it may be scheduled next week, I can also come to the corrective jurisdiction, because similar cases are already under hearing here.
He took the position that the ATC announces the decision on July 31, no one sent a reference to the Election Commission and on August 5, the Election Commission disqualified the petitioner and others, the Election Commission did not give me a chance to be heard, and issued a notification of disqualification, the Election Commission is centralized, therefore this High Court can hear this petition. The Deputy Director of Law of the Election Commission took the position that this court has made decisions on other similar petitions; their petition does not fall under the jurisdiction of this court, and they can apply in the Lahore or Islamabad High Court.
Justice Syed Arshad Ali inquired why the Election Commission disqualified them in a notification. Was the Election Commission in a hurry? The Deputy Director of Law, Election Commission, replied that the conviction was made in a single case; for this reason, the Election Commission issued a notification.
The Deputy Attorney General took the position that the petitioner was convicted by ATC Faisalabad, his case is not admissible here, the petitioner was convicted, and is still absconding. Justice Syed Arshad Ali remarked Why are you not arresting him? You also do not obey the court’s orders. The Additional Attorney General took the position that this court granted him protective bail.
Justice Syed Arshad Ali remarked that this court had granted bail for three days. What did you do after that? The lawyer of the complainant said that the petitioner is absconding. The court sentenced him; he has not surrendered yet, he has been convicted, and he cannot use public office.
Petitioner’s lawyer, Syed Sikandar Hayat Shah, said that we are filing a review petition in the five petitions of Sahibzada Hamid Raza and others that have been returned by the court. After hearing the arguments of the parties, the High Court reserved the decision.
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