PHC allows Shahram, Atif to contest election

PESHAWAR: A larger bench of the Peshawar High Court (PHC) on Wednesday allowed Pakistan Tehreek-e-Insaf (PTI) leaders Muhammad Atif Khan and Shahram Khan Tarakai to contest the upcoming general election.

A three-member larger bench comprising Justice Ijaz Anwar, Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah rejected the writ petitions filed against the acceptance of their nomination papers.

Shah Faisal Utmanzai, Inam Yousafzai, Barrister Waqar and Barrister Qasim Wadud appeared on behalf of the PTI leaders. Khyber Pakhtunkhwa Advocate General Aamir Javed and Mohsin Javed represented the provincial government and the Election Commission of Pakistan, respectively.

The court also disposed of the petitions of PTI leaders Murad Saeed and Azam Swati. Their lawyers told the court that Murad Saeed and Azam Swati did not intend to contest the election.

During the hearing, Justice Ishtiaq Ibrahim asked whether Murad Saeed had surrendered before the court. His lawyer replied that there were threats to his life so he was unable to appear before the court. To this, Justice Ishtiaq Ibrahim said that how could they give relief to a person, who had not appeared before the court. The advocate general told the court that under the law, an absconder was not entitled to any rights.

The lawyer for Shahram Tarakai told the court that his uncle Buland Iqbal Khan had filed three petitions in the high court against the acceptance of his nomination papers. The counsel for Buland Iqbal, however, told the court that a voter had raised the objection, not the candidate. Justice Ishtiaq Ibrahim said the order of the returning officer should be read out in the courtroom. The counsel for Buland Iqbal said that the returning officer in his order said that the candidate was an absconder nominated in various cases.

He said the election tribunal accepted his appeal on the plea that there was no section of law in the election rules to deal with the case of an absconder. The bench asked how the absconder would represent his constituency in the assembly if he was elected. The bench was told that Shahram Tarakai was an absconder and had not surrendered before the court. Justice Ijaz Anwar inquired how PMLN leader Ishaq Dar managed to get relief from the court. The bench was told that Ishaq Dar had given the power of attorney. The election commission’s lawyer said that Shahram’s petition was non-maintainable as he did not defend himself before the election tribunal.

The advocate general said the Lahore High Court Rawalpindi bench had rejected the petition of an absconder. The lawyer representing Atif Khan said his client had surrendered, but he did not appear before the court. The bench was told that a case was pending against Atif Khan in a court in Islamabad. However, Barrister Waqar said that all the precedents, which were placed before the court, pertained to the criminal nature cases. He said the petitioners had no choice other than approaching the high court to seek relief. He requested the court to allow Shahram Tarakai and Atif Khan to contest the election.

After hearing the arguments, the bench disposed of the petitions of Murad Saeed and Azam Swat while allowed Atif Khan and Shahram Tarakai to contest the elections by rejecting the objections over the acceptance of their nomination papers.­