ISLAMABAD: The Islamabad High Court (IHC) on Friday set aside the Election Commission of Pakistan (ECP)’s decision of disqualifying Khyber Pakhtunkhwa (KP) Minister for Transport Shah Muhammad for five years for attacking a polling station in Bakka Khel, Bannu district.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah announced the judgment after hearing a petition filed by the KP minister, who challenged his disqualification for attacking a polling station during the first phase of the local government elections.
However, the bench maintained the ECP’s decision regarding Mamoon Rasheed who was a contesting candidate from the constituency and was barred from contesting any election on account of involvement in the corrupt practices till finalisation of criminal proceedings against him.
The IHC bench noted in the verdict, “For reasons to be recorded later, the petition is partially allowed to the extent of setting aside paragraph 25(a) of the impugned judgment, dated 01-02-2022, whereby, Shah Muhammad Khan was disqualified from holding the public office of Member of the Provincial Assembly of Khyber Pakhtunkhwa.”
It further said, “In so far as the impugned judgment, dated 01-02-2022, to the extent of paragraphs 25(b), (c), (d) and (e) is concerned, no legal infirmity has been found requiring interference by the Court while exercising jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. The impugned judgment to the extent of sub paragraphs (b), (c), (d) and (e) of paragraph 25 is upheld and, therefore, to this extent the petition stands dismissed.”
On February 1, the ECP disqualified KP minister Shah Muhammad for five years for attacking a polling station, snatching election material and creating law and order situation in Bannu’s Bakka Khel.
The election monitoring body had also disqualified his son and ordered police to arrest the supporters of Shah Muhammad and carry out investigation into the matter from all aspects thoroughly.
The petitioner stated that one night prior to election i.e. on 18-12-2021 the respondent No 2 Mamoor Khan Wazir Khan after seeing his defeat made a pre-planned attack with the help of his supporters on the election staff, snatched the polling material and thereby, showing himself an aggrieved person made a false complaint before the ECP against the petitioners.
He added that it is important to mention here that on 19th December 2021, the ECP postponed the election in tehsil Baka Khel constituency due to the law and order situation and constituted a fact-finding inquiry committee with direction to submit its report within seven days.
He continued that with regard to the incident an FIR bearing number 481 dated 19-12-2021 was registered and local police carried out investigations, as it is evident from the impugned order, the ECP also summoned DPO Bannu and directed him to provide detailed report with regard to the incident.
The petitioner provincial minister further said subsequently, respondent No 2 and 3 respective filed the complaints before the respondent No 1, wherein, they charge the petitioners for committing unlawful acts.
He informed the bench that on the notice issued by the fact-finding committee the petitioners appeared before the committee, made their respective statements and negated the false, frivolous allegations, and answered the questions of the committee.
Shah maintained that the so-called complainants just to shelter their unlawful acts lodged false complaints against the petitioners and this very fact is established through the statement of Rasool Nawaz son of Gul Badshah, made under section 164 CrPC before court of law as well the statements under section 161 CrPC of the others concerned.
He also said that it is clear from the statement of Abdul Slam recorded, under section 164 CrPC, before the court of law that the complainant/Respondent No 2 i.e. Mammor Khan Wazir and his father Hadiatullah along with their allies (armed with weapons) entered in polling station, after making hostage entire election staff, snatched the polling material but this aspect of the matter has not been considered by the respondent No 1.
Therefore, he prayed before the court to allow this writ petition and set aside the impugned order dated 01-02-2022 passed by the ECP being contrary to law and constitution of the Islamic Republic of Pakistan, 1973 to meet the ends of justice.
He further prayed that notification dated 01-02-2022 issued by the ECP against him may also be declared illegal and unlawful and consequently, the same may kindly be set aside in the interest of justice.
Copyright Business Recorder, 2022