Supreme Court rejects petition seeking annulment of general elections

The Supreme Court of Pakistan has rejected a petition seeking recently-held general elections to be declared as null and void, and slapped a heavy fine on the petitioner, reported 24NewsHD TV channel.

The petitioner had prayer the court to declare the February 8 general elections as null and void due to alleged violations of democratic norms and electoral integrity. The plea had also urged the court to order new elections within 30 days to be held under the direct supervision and oversight of the judiciary “to ensure fairness, transparency and accountability”.

A three-judge apex court bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali conducted the proceedings on Wednesday as petitioner again did not show up in the court.

As the hearing began, Additional Attorney General (AAG) Amir Rahman informed the apex court that a notice had been sent to petitioner Ali Khan’s house through the defence ministry and police had also gone there as well, but he was not present there.

When Chief Justice Isa asked about the identity of the petitioner, the AAG said Ali Khan was a former brigadier who had been tried by a court-martial in 2012 and awarded five-year jail when General Ashfaq Parvez Kayani was the Chief of the Army Staff.

The CJP noted that according to the petitioner’s email, he was abroad and had requested to withdraw his plea. Ali went to Bahrain by taking a connecting flight via Doha, Justice Isa added.

PTI leader Shaukat Basra came to the rostrum but he was not permitted to speak as he was “neither a petitioner nor a counsel”. CJP Isa then told Basra to step aside from the rostrum.

Regarding Ali, CJP Isa remarked, “It is strange that the petitioner filed the plea and then went abroad the next day. Our (fixation) branch has confirmed the email as well that it has been sent by the same person.”

The CJP further remarked “Ali Khan is a strange person; people buy a return ticket due to it being cheaper but he booked a one-way ticket. It seems that Ali Khan had done a publicity stunt by filing a petition before the Supreme Court.“.

The court rejected the petition and slapped half a million rupees fine on Ali Khan.

During the earlier hearing on Monday, CJP Isa had insisted on hearing the petition despite Ali Khan’s request to withdraw it. “Bring the petitioner back. Dial the cellphone number he has given on his application. We will hear the plea,” the CJP ordered the SHO of the concerned police station after the petitioner did not show up in court on first hearing.   

Calling withdrawal of the petition a ‘joke’, CJP Isa had remarked that he would not allow this to happen again. “Do these people file petitions just for the sake of publicity,” he maintained. “Such a prank cannot be played on the Supreme Court. Bring the petitioner from wherever and present him before the court,” Justice Isa remarked, adding that the bench would hear the petition.

Justice Mazhar, on the occasion, said that just a day after filing a petition, Ali Khan had informed the court that he was taking his plea back.

The chief justice said the name of the lawyer was also not mentioned on his application. “Petitions are filed the world over, but never have they received media coverage like in Pakistan,” he said and added, “But in this case, the day the petition was filed, it went on air on TV channels.”

Justice Isa said the court had been told that when Ali Khan’s cellphone number was dialled, it was switched off.

Reporter Amanat Gishkori