A five-member bench of Sindh High Court has been constituted for urgent hearing of Benazir Bhutto's petition to declare her National Assembly member on reserved seat for women following withdrawal of corruption cases against her.
Chief Justice Sabihuddin Ahmed heard the matter in chamber and constituted full bench on application for urgent hearing of the petition agsinst her disqualification from contesting general elections owing to her conviction in absentia under NAB Ordinance. The bench would hear application on October 29, 2007. Notices were issued to Interior Secretary, NAB Chairman, Attorney-General, Election Commission, Sherry Rehman, nominated MNA in place of Benazir Bhutto, and others.
The bench comprises Chief Justice Sabihuddin Ahmed, Justice Anwer Zaheer Jamali, Justice Musheer Alam, Justice Rehmat Hussain Jaffery and Justice Faisal Arab.
Farooq Naek, Benazir's counsel, submitted that after promulgation of National Reconciliation Ordinance Benazir Bhutto was no longer disqualified due to cases pending against her in accountability courts or her conviction under Section 31-A of National Accountability Bureau Ordinance. It was now declared all cases against her were quashed after promulgation of NRO and Section 31-A become 'ab initio' void.
Benazir's papers in 2002 general elections were rejected by Returning Officer on grounds that she was convicted and sentenced to three years imprisonment in absentia under Section 31-A of NAB Ordinance-1999 by Accountability Court Rawalpindi in Assets and ARY Gold references.
The decision was challenged in SHC. In petition it has been prayed to declare Benazir Bhutto as MNA on reserved seat for women and Section 31-A of NAB Ordinance as ultra vires and of no legal effect.