ISLAMABAD: The Islamabad High Court (IHC) issued notice to the Election Commission of Pakistan (ECP) in response to a petition seeking details of nomination papers submitted by Interior Minister Mohsin Naqvi for the Senate election.
A single bench of Chief Justice Aamer Farooq, on Wednesday, heard a petition moved by a lawyer, Umair Shafique Mughal, through his counsel Sardar Abdul Raziq Khan advocate.The petitioner has requested the court to direct the ECP to provide certified copy of the nomination papers along with the relevant documents submitted by Mohsin Naqvi to contest the Senate election as an independent candidate.
The petitioner argued that it is his right to get the required information under Article 19-A of the Constitution. The petitioner claimed that despite multiple attempts, the ECP has been reluctant to provide the required information, which is a fundamental right of the petitioner under Article 19-A of the Constitution.
The counsel stated that the petitioner has been visiting the office of respondents for obtaining copies of relevant documents; however, the respondents kept on delaying the matter on one pretext or the other and did not issue the copies of relevant documents despite the lapse of considerable time. He added that it appeared that the respondents were intentionally avoiding the issuance of copies of relevant record in order to conceal the illegalities and fictitious proceedings with regard to the election of Mohsin Naqvi as senator.
He added that feeling aggrieved, the petitioner filed appeal before Pakistan Information Commission Islamabad, wherein, initially notices were issued to the respondents who in response thereto submitted their written reply, wherein, the ECP has objected upon the jurisdiction of the PIC on the ground that ECP is an independent constitutional entity and the jurisdiction assumed by the PIC under Right to Access to Information Act is without lawful authority.
Raziq maintained that later the Information Commission has disposed of the appeal and has not passed any direction for issuance of requisite copies, hence having there being no other efficacious and adequate remedy, the instant constitutional petition is being preferred before this court.
Therefore, he prayed to the court to direct the respondents to provide the documents including attested copy of nomination papers of Mohsin Naqvi (declared unopposed senator in Election 2024), all supporting documents appended with the nomination papers and orders passed by the Election Commission upon the nomination papers including declaration of Mohsin Naqvi as unopposed senator.
Separately, IHC Chief Justice Aamer Farooq remarked that the government further complicated the November 24 protest of the PTI instead of ensuring law and order in the federal capital.
Justice Aamer made these remarks during the hearing of a contempt of court petition filed by Islamabad’s traders against the PTI’s November 24 protest. He remarked that “the court only gave a simple order of ensuring law and order but you made the matter very complicated.”
During the hearing, the Interior Ministry submitted the report saying that as a civil servant, he could not even deem of committing contempt of court. He said the PTI refused to hold talks and continued its movement towards D-Chowk.
The Interior Secretary maintained that they carried out the security arrangements by keeping in view the less difficulties of the citizens. He said they repeatedly contacted the PTI Chairman Barrister Gohar and asked him to submit an application under the new laws but they did not submit any new application and continued their march towards D-Chowk.
Later, the IHC bench deferred hearing of the case till the next week.
Copyright Business Recorder, 2024
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