CJP Qazi Faez Isa expresses dismay over withdrawal of plea seeking annulment of Feb 8 polls
ISLAMABAD, Feb 19 (SABAH): Expressing dismay over the withdrawal of the plea seeking annulment of the February 8 elections, Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa on Monday ordered the authorities to find the complainant and present him before the Supreme Court at the next hearing.
Stressing that the top court cannot be subjected to such mockery, CJP Qazi Faez Isa directed the authorities to “find and present the complainant before the court” stressing that the SC will hear this case.
The top judge’s remarks come as a three-member bench of the Supreme Court (SC) led by the Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali conducted the hearing on Brigadier (retd) Ali Khan’s petition seeking re-elections over the issue of alleged rigging in the polls.
During Monday’s hearing, CJP Qazi Faez Isa questioned whether the petition was filed for mere publicity. “The complainant [had] released the petition to the media as soon it was filed,” the top judge said while directing the authorities to establish contact with the petitioner via telephone.
The top judge further directed the additional attorney general to coordinate with the relevant station house officer (SHO) and present the complainant before the court.
“Who knows if the complainant himself filed the petition or not? […] What if he says that he hasn’t withdrawn the petition,” the chief justice questioned.
Chief justice while dictating the order of the hearing said that the petition was filed by the petitioner under Article 184-3 of the Constitution in the Supreme Court of Pakistan on 12th February. The petition was released to electronic media prior to filing it in the Apex Court and it also got maximum publicity in the newspapers. The order says that the Registrar Office had raised several objections regarding the maintainability of the petition but due to the urgent matter relating to the elections we fixed it immediately for hearing. After filing the constitutional petition and gaining maximum publicity the petitioner filed request to withdraw the petition and said that he did not want to further proceed the case. The chief justice in the order said that the court had issued notice to the petitioner for today’s hearing and it was told that the petitioner was not found at his residence and not contact could be made on the mobile phone also, adding that we kept the matter pending and directed the office to contact with him and no contact could be made. The order says usually the petitioner could withdraw the petition however if the court considers that the petitioner is doing this for publicity then it is tantamount to abuse the process of court and will not allow happening this. Chief justice said that prior to issue any order we are issuing another notice to the petitioner so that he should appear on the next hearing of the case. Chief justice said that the service of the notice should be done through common service and through SHO of the concerned area. The order says as the petitioner identified him as retired officer of Pakistan Army so the notice should also be sent to the petitioner through Ministry of Defence, attorney general should ensure the delivery of the notice. The court then adjourned the hearing till February 21.