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SC bins retired court martialed brigadier plea seeking re-polls in country

While terming a retired court-martialed brigadier’ plea for a fresh poll as a ‘publicity stunt’, Supreme Court Wednesday dismissed the case with fine of half-million rupees to petitioner who failed to appear before the court.

Appearing before a 3-member bench of the Chief Justice of Pakistan Justice Qazi Faez Isa, Justices Muhammad Ali Mazhar and Ms Musarrat Hilali on Wednesday in the matter, Additional Attorney General for Pakistan Amir Rahman informed about petitioner saying he is an ex-brigadier. Rahman further apprised during tenure of Chief of Army Staff General Ashfaq Parvez Kayani in 2012, the petitioner was awarded five-year sentence after court martial.

During last week, the petitioner, a retired brigadier Ali Khan urged the top court to issue directives for a fresh election within 30 days under supervision and oversight of the judiciary ‘to ensure fairness, transparency and accountability’. He also prayed for a stay order against formation of a new government till final adjudication of the matter.

Amir Rahman informed the apex court that a notice had been sent to petitioner Ali Khan’s house through the defence ministry whereas police had also been deputed in pursual of the top court order to ensure the petitioner’s attendance before the court, however, he submitted that petitioner was not present at his place.

During the hearing, Chief Justice observed that according to the petitioner’s email, he was abroad and had requested to withdraw his plea. Ali went to Bahrain by taking a connecting flight via Doha, Chief Justice Isa added.

It has also been witnessed that without locus standi a Pakistan Tehreek-e-Insaf (PTI) leader Shaukat Basra tried to get chance of representation in the case before the bench and came to the rostrum but Chief Justice Qazi didn’t permit him to speak due to the reason neither he was a petitioner nor a counsel in the case. Resultantly the Chief Justice Qazi Faez Isa directed Basra to step aside from the rostrum.

Regarding petitioner Ali, the Chief Justice observed, “It is strange that the petitioner filed the plea and then went abroad the next day. Our (fixation) branch has confirmed the email as well that it has been sent by the same person.” Later, the bench rejected the petition and slapped half a million rupees fine on petitioner Ali Khan.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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