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Wednesday April 17, 2024

Abbasi, Fawad, Rind allowed to contest election

By Our Correspondent
July 06, 2018

Ag Agencies

LAHORE/ISLAMABAD: The superior courts on Thursday allowed former prime minister Shahid Khaqan Abbasi and PTI leaders Fawad Chaudhry and Yar Muhammad Rind to contest upcoming elections, annulling the decisions passed by election appellate tribunals against them.

According to details, a division bench of the Lahore High Court (LHC) set aside the election appellate tribunal’s decision, disqualifying Abbasi for life for not being “Sadiq” and “Ameen” under Article 62 of the Constitution.

The tribunal had also barred Abbasi from contesting the election from his NA-57, his home constituency covering the Murree area.

The bench had already provisionally allowed him to contest the polls by suspending the impugned decisions of the tribunal. However, on Thursday the court passed a final order.

Abbasi’s lawyer told the court that responses had been provided to all questions asked in the nomination papers.

Despite all the details being furnished, a decision was made contrary to the law, Abbasi’s counsel said, adding that the ex-prime minister had declared the value of all his assets.

Abbasi said he had invested Rs1 million in Murree’s Blue Pines Hotel. He contended that the tribunal had overstepped its jurisdiction, since it only had powers to either accept or reject nomination papers, and lacked the authority to disqualify lawmakers for life.

During the hearing, a two-member bench, headed by Justice Sayed Mazahar Ali Akbar Naqvi, quizzed the former prime minister on assets declared before the electoral body. The bench also questioned his role as owner of AirBlue airline, and the stocks and shares he owns in other companies. The returning officer also submitted his reply to court in the judge’s chamber.

The tribunal’s decision had read that Abbasi does not fulfil requirements under Article 62(1)(f) of the Constitution. The court had also sent a notice to the returning officer who rejected the nomination papers. Abbasi’s appeal, against the verdict authored by Justice Ibad-ur-Rehman Lodhi and filed by his counsel Khawaja Tariq Rahim, asserted that the appellate tribunal’s jurisdiction only extended to approving or rejecting returning officer’s stance. “It cannot disqualify a candidate for life,” stressed the petition.

The former premier had prayed to the high court to set aside the verdict in NA-57 (Murree) by Justice Lodhi.

Speaking to media outside the LHC, Abbasi said the PML-N would contest the elections and let the public decide its fate. “The party leadership is conducting a powerful election campaign. We will contest the elections and God willing, would be victorious with a significant majority,” he said. “We have to contest the polls and then leave the rest to the public.” He wished for fair and free elections, urging all the state institutions to remain in their constitutional jurisdiction. He said unfortunately, the general elections in the past had faced interference from the institutions. “I hope this time round elections may not become controversial for the stability of the country.”

He further said that the conspiracies had been shared with the public. “We pray that a transparent election is held in Pakistan,” Abbasi commented.

Commenting on Nawaz Sharif’s stay in London, the PML-N leader said he would return to Pakistan as soon as his wife Begum Kulsoom’s condition improves.

Abbasi said the PML-N would be missing Nawaz in the election campaign but its leadership in Pakistan had the depth to run it with full passion and to notch victory.

To a query about any line of action in view of the accountability court’s decision in Avenfield case against Sharif family, Abbasi said, “We would go to the court to hear the decision.”

Also on Thursday, the same LHC bench set aside an appellate tribunal’s verdict, barring PTI leader Fawad Chaudhry for life from contesting elections from NA-67, Jhelum.

The petitioner said although the RO had accepted the nomination papers, the appellate tribunal had rejected them.

Fawad according to the tribunal, the details of Rs 3.2m expenditure on foreign trips had not been furnished and asset details were not provided.

The appellant maintained that a Federal Board of Revenue certified copy of details was attached to the nomination papers but this was ignored by the tribunal and he had then been disqualified for life.

Fawad requested the court to set aside the tribunal’s verdict and grant him permission to contest the election. Subsequently, the LHC set aside the decision and gave him the green light to contest from NA-67.

Meanwhile, another division bench led by Justice Shams Mehmood Mirza disqualified PTI candidate Asif Tauseef from contesting election from NA-105. The objector, Hanif Jutt, pleaded that retuning officer and election tribunal accepted Asif’s nomination papers despite the fact he had not declared loans borrowed from different banks in the names of his wide and dependants.

On the other hand, the Supreme Court (SC) allowed Rind, who is PTI’s Balochistan chapter head, to contest elections after nullifying the verdict passed by the Balochistan High Court.