SC summons absent petitioner who sought fresh polls

ISLAMABAD: The Supreme Court Monday summoned a petitioner after rejecting his civil miscellaneous application (CMA) seeking withdrawal of his plea that prayed for declaring the Feb 8 elections null and void due to the alleged flagrant violations of democratic norms and electoral integrity.

A three-member bench of the apex court — headed by Chief Justice of Pakistan Justice Qazi Faez Isa —summoned Brigadier (retd) Ali Khan, the petitioner, on February 21 after he failed to show up in the court.

Justice Muhammad Ali Mazhar and Justice Musarrat Hilali were the two other members of the bench. On February 12, Ali Khan filed a petition with the apex court under Article 184(3) of the Constitution making the Government of Pakistan and Chief Election Commissioner as respondents.

The petitioner had prayed the apex court to stay the formation of a government based on the election results, pending adjudication of his petition besides praying for immediate holding of fresh elections within 30 days, under direct supervision and oversight of the judiciary, to ensure fairness, transparency, and accountability in the electoral process.

The petitioner had also prayed for an impartial investigation into the alleged pre-poll rigging, election fraud, and misconduct, and hold accountable those responsible for undermining the democratic foundations of the country.

The petitioner did not attend the hearing at which the court took exception and directed that the notice should be complied with by the SHO concerned apart from the usual practice. The court held that the petitioner was an ex-military officer, so the notice should also be complied with by the Ministry of Defence.

The court declared that in normal circumstances any petitioner was entitled to withdraw his petition but in the case under consideration the petitioner used the court to take advantage of the situation and achieve his goals.

The chief justice expressed his anger at the behavior of the petitioner and remarked, “Wherever he was, present this gentleman,” adding, “First he filed the petition only to gain fame and then disappeared, making a mockery of Pakistan in the whole world.”

“We will not allow anyone to make a mockery of the country like this,” the CJP remarked adding that the petition will not be returned, as tomorrow the petitioner may come and say he had not withdrawn; therefore, we will listen to his request.”

At the start of hearing, Justice Muhammad Ali Mazhar said a request had been received from the petitioner seeking to withdraw the case. The chief justice inquired as to who the petitioner was.

The court staff informed the bench that no one was present at the residential address mentioned in the petition. The court was further informed that the petitioner was contacted through WhatsApp but no response was received. The chief justice said such applications were filed all over the world, but they were not published in newspapers. He also directed the apex court registrar to contact the petitioner.