A three-member bench of the Supreme Court headed by Justice Hamid Ali Mirza on Tuesday adjourned hearing of a petition against two MNAs of MQM Muhammad Abid Ali Umang and Nisar Ahmed Pahnwar for September 23 on the request of Advocate General Sindh.
According to the case two candidates of Jamaat-i-Islami for the National Assembly from NA-246 and NA-240 Karachi Rashid Naseem and Qari Muhammad Usman respectively filed a petition in the Supreme Court of Pakistan for special leave under Article 185 (3) of the Constitution against the judgement of the Sindh High Court.
The apex court comprising Justice Hamid Ali Mirza, Justice Mian Shakirullah Jan and Justice Tassadduq Hussain Jilani adjourned the hearing when Advocate General Sindh, Anwar Mansoor made request for it. Muhammad Ikram Chaudhry appeared before the court on behalf of both the petitioners.
Sindh High Court has given judgement against the orders of the Election Commission of Pakistan and asked it (Commission) to declare both the candidates of MQM as winner.
According to the judgement of the Sindh High Court, the Election Commission of Pakistan notified the by-election and declared candidates of MQM as winner. Both MQM members Muhammad Abid Ali Umang and Nisar Ahmed Pahnwar took oath as member of the National Assembly on July 24.
In their petition, candidates of JI Rashid Naseem and Qari Muhammad Usman appealed to the apex court to restrain both the declared MQM leaders as member of the National Assembly from attending the assembly sessions by suspending the impugned judgement of the Sindh High Court dated July 23, 2004.
According to details, the Election Commission of Pakistan held the results of three constituencies of Karachi including two constituencies of the National Assembly NA-240 and NA-246 and a constituency of the Provincial Assembly of Sindh owing to charges of rigging and killing of ten persons during the election process.
After having hearings about the election of above mentioned constituencies, the Election Commission of Pakistan declared the election of these constituencies null and void and de-seated three winners of these seats.
Candidates of the MQM, Muhammad Abid Ali Umang of NA-240 and Nisar Ahmed Pahnwar of NA-246 along with MPA of their party challenged the decision of the Election Commission of Pakistan of June 9, 2004 in the Sindh High Court.
The Sindh High Court passed the judgement in their favour and directed Election Commission of Pakistan to notify the by-election by declaring all the three candidates of MQM, two of them of the National Assembly and one of the Sindh Assembly, winner in the election.