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SC  summons Ishaq Dar in Senate election case

Khudayar Mohla by Khudayar Mohla
March 12, 2018
in Uncategorized
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ISLAMABAD, : Supreme Court (SC) has summoned Ishaq Dar in senate election case.
A 3-member bench of SC presided over by Chief Justice of Pakistan (CJP) Mian Saqib Nisar took up for hearing the petition filed by Nawazish Ali Pirzada, PPP nominee on Senate seat against Lahore High Court decision for allowing Ishaq Dar to contest polls Monday.
The petitioner Pirzada took the plea that Ishaq Dar is judicial absconder. He is on one hand judicial absconder and on the other hand he is getting relief from court. High court also allowed Ishaq Dar to contest senate polls despite being absconder.
CJP remarked “ tell us under what law one who is declared absconder by the court cannot contest the election. According to high court you don’t have right to make court’s claim. Did the high court not see merit.
The petitioner said high court did not review the petition on merit. Ishaq Dar is absconding in a criminal case. Ishaq Dar was not entitled to contest polls under article 62 and 63 of the constitution. The entire system will be affected if an absconder is allowed to contest election.
CJP Inquired if there is any court’s decision that any one declared absconder by court can not contest polls. Babar Sattar can you become amicus curiae.
Babar Sattar said he will do assist if court appoints him.
The petitioner said Ishaq Dar has been declared absconder for not appearing in the court despite court’s notices.
CJP remarked show us court decision on declaring Ishaq Dar absconder.
Justice Omar Atta inquired returning officer rejected the paper when.
The lawyer said that nomination papers of Ishaq Dar were rejected on February 12.
CJP remarked nomination papers were not challenged at the time of scrutiny.
CJP remarked “ tell us as to why the absconder can not file nomination papers.
The lawyer said Ishaq Dar is hit by article 62- D in terms of conduct.
The lawyer said Ishaq Dar is enjoying all the rights while sitting outside the country.
CJP remarked Ishaq Dar says he is sick.
CJP observed did Ishaq Dar explain how he can open bank account in the capacity of absconder.
The lawyer said biometric verification is also conducted for opening account. Accounts were opened in National Bank Gulberg Lahore branch.
Justice Ijaz ul Ahsan remarked how can the account be opened without physical appearance.
CJP remarked “ may be there is system with bank through which the man sitting abroad can be verified.
The court while issuing notice to Ishaq Dar sought reply within 7 days on this matter.
The court ordered that Ishaq Dar either himself or through his lawyer should file reply.

Khudayar Mohla

The writer heads a leading news wire service ‘The Law Today Pakistan’ commonly known as TLTP. He has a special focus on news relating to superior courts adjudication, access to right of information, civil, political, social and economic rights under the approach that existing cyber regime realization ensures procedural fairness in administrative law. He can be reached at editor@tltpnews.com

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