The Election Tribunal of Peshawar High Court (PHC) here on Tuesday disqualified former military dictator, President of All Pakistan Muslim League (APML), Pervez Musharraf, for contesting elections 2013 from NA-32 Chitral. The Election Tribunal of Lahore High Court (LHC) also dismissed former army chief's plea against rejection of his nomination papers for NA-148, Kasur. Meanwhile, another Election Tribunal of LHC rejected Musharraf's appeal against rejection of his nomination papers by returning officer for NA-48 Islamabad.
The Election Tribunal of PHC headed by Justice Fasiul Mulk and members Justice Mazhar Alam Miankhel and Justice Irshad Qasir allowed the appeals of Pakistan Tahrik-e-Insaf candidate, Abdul Latif and Jamaat-i-Islami (JI) Abdul Akbtar Chitrali and voters Sajidullah, Alamzaib and Khalil-ur-Rehman and set aside the verdict of Returning Officer of NA-32 Chitral.
The appellants challenged the judgement of the Returning Officer of NA-32 Chitral who had accepted the nomination papers of Pervez Musharraf from NA-32 Chitral. PTI candidate for NA-32 Chitral, Abdul Latif through his counsel, Abdul Rahim advocate argued that Pervez Musharraf did not fulfil the criteria laid down in Articles 62 and 63 of the Constitution as he had violated Constitution and also imposed emergency on November 3, 2007.
The counsel for JI candidate pleaded that the nomination papers of former dictator were also rejected by the returning officers of NA-139 Kasur, NA-250 Karachi and NA-48 Islamabad besides elections tribunals of other provinces, arguing before the Election Tribunal of PHC for rejection of his nomination papers from NA-32 Chitral also as the grounds are mostly same.
Counsel for petitioners further argued that General Musharraf had violated constitution, dismissed an elected government on October 12, 1999, imposed emergency on November 3, 2007, and sacked judges of higher judiciary, which were extra-constitutional measures. The defence counsel, however, rejected the allegations levelled against Musharraf and argued that he was not convicted by any court of law and, therefore, prayed for the dismissal of all the objections raised against his client.
He said Shehzada Khalid Pervez was the authorised agent of Pervez Musharraf for filing his nominations. But, when Justice Fashiul Mulk inquired that he had informed his agent verbally or through an authority to file his papers, the Musharraf's counsel said that he replied verbally.
To this, Justice Mulk observed that relevant laws of filing of nomination papers were very clear and any authorised agent who filed nomination papers on behalf of a candidate required an authority in writing signed by the candidate. The counsel for the petitioners told the court that the nomination papers of Musharraf were submitted with returning officer on March 30 while power of authority was issued on April 5, 2013, which was against the laws of the filing of nomination papers.
He argued that Musharraf had submitted his nomination papers through his authorised agent from NA-32 Chitral and prayed for upholding the judgement of the RO Chitral. In Lahore, an election tribunal of the Lahore High Court dismissed appeal of former president General Pervez Musharraf against rejection of his nomination papers from NA-139, Kasur. The applicant's counsel Barrister Salman Safdar argued that neither the former president was convicted by any court of law nor the allegations levelled against him were proved true yet. The counsel urged the tribunal to set aside the order of the returning officer and allow Musharraf to contest election.
The counsel, however, failed to offer plausible answers to questions with regard to Musharraf's act of November 3, 2007. Earlier, counsel of the objector argued that Musharraf had committed "constitutional crimes" by imposing emergency in the country and suspending and detaining judges of the superior judiciary. He said the former ruler caused irreparable loss to the country and the democracy as well and prayed to dismiss the appeal.
In Islamabad, another Tribunal also rejected the appeal of former president Pervez Musharraf against rejection of his nomination papers for NA-48 Islamabad. The tribunal, comprising Justice Rauf Ahmad Sheikh and Justice Mamoon Rashid of the Lahore High Court (LHC) Rawalpindi Bench, heard the arguments of both sides and turned down the appeal filed by Musharraf against the rejection of his nomination.
Nadeem Shah, representing the returning officer, told the tribunal that Musharraf detained judges of superior judiciary during 2007 emergency. He said the Supreme Court had already declared his November 3 steps as unconstitutional. Malik Qamar Afzal, the counsel for Musharraf, told the tribunal that the decision to impose emergency was not solely taken by him rather it was the decision of the then government. He said that Musharraf imposed emergency after the then prime minister asked him to do so.
The tribunal said Musharraf was the president at the time and was responsible for violating the constitution, imposing emergency on November 3, 2007 and detaining judges, hence he did not meet the criteria under Articles 62 and 63 of the Constitution. The tribunal rejected the appeals filed against Ghulam Sarwar Khan of PTI for NA-53, Sadeeq Khan for PP-7 and accepted their papers. It also accepted the papers of Sardar Ghulam Abbas from NA-60. The tribunal heard a total of 17 appeals; out of which nine had been rejected.
Meanwhile, an election tribunal in Lahore dismissed appeal of PPP leader Asif Hashmi, against rejection of his nomination papers from NA-118 and PP-138. The returning officers had rejected his papers for being a government servant and a period of two years had not been lapsed since he left the post of chairman Evacuee Trust Property Board.
The same tribunal also dismissed an appeal challenging the acceptance of nomination papers of Ayesha Ahad Malik from NA-119. Former MNA of PML-N Bilal Yasin had filed the appeal and pleaded that Malik was a bank defaulter, agriculture tax evader and also did not mention her foreign tours in her nomination papers. The RO had accepted her nomination papers.
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