Sindh High Court (SHC) on Friday extended its interim order restraining the Election Commission of Pakistan, the National Accountability Burea (NAB) and others from taking any adverse action against Pakistan People's Party (PPP) lawmaker Sharmila Farooqui.
The SHC bench, headed by Justice Naimatullah Phulpoto, directed the NAB's special prosecutor and the petitioner's counsel to forward their arguments in the next hearing scheduled for November 23 after the petitioner's counsel filed a rejoinder. As per Section 15 of the National Accountability Ordinance 1999, a person stands disqualified for holding public office for 21 years after having been convicted by a court, but in the case of Sharmila Faorooqui, this cannot be applied as she was convicted but entered into plea bargain, the counsel argued in the rejoinder.
Farooqui's lawyer contended that the NAB had filed reference against his client under the Ehtesab Act, 1997 and under the Section 9 and 17 of the Act, there was no such disqualification of a person holding public office after he or she entered into plea bargain. Earlier, Farooqui had moved the court against the NAB for writing to the Election Commission of Pakistan (ECP) and the Sindh Assembly to disqualify her as MPA for having been convicted by a court.
In the petition, Farooqui submitted that the NAB had filed a reference against her father, who was chairman Pakistan Steel Mills, mother and her for investing a huge amount in national saving schemes which did not commensurate with their known sources of income. However, later, they entered into a plea bargain with the NAB which was allowed by the relevant court 2001.
In its reply, the NAB prosecutor submitted that Farooqui cannot hold any public office as she had been convicted by an accountability court. He said Farooqi, her mother Anisa Farooqi and father Usman Farooqi, stood disqualified from holding public office for 21 years as per the judgment of the accountability court issued on April 28, 2001 under Section 15 of the National Accountability Ordinance.
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