The Sindh High Court on Monday issued notices to the federal and provincial law officer on a petition filed by a candidate for postponement of the by-election to the national assembly constituency, NA-258, scheduled to be held on November 24.
Petitioner Maulana Taj Mohammad Hanfi, the candidate nominated by the banned Ahle Sunnat Wal Jamaat (ASWJ) for the NA-258 by election, submitted that he had been detained on November 7 under the provisions of the maintenance of public order law. He contended that the government had failed to show due cause for his arrest or furnish a valid reason for the detention. He submitted that the impugned order was based on two FIRs registered at New Town police station under the Loudspeaker Act and the same was pending before the trial court for adjudication, while no material was placed against him that could be reason for his detention under the MPO.
He submitted that no show cause notice was issued prior to his detention and due to the arrest, he could not run his election campaign. Hanfi requested the court to postpone the by-election till his release from jail and quash the detention order.
The court, after the preliminary hearing of the petition, issued notices to the federal and provincial law officers and others and called their comments on November 23 (tomorrow).
Pir Mazharul Haq’s plea
The SHC, while extending the protective bail granted to former education minister Pir Mazharul Haq, directed the special prosecutor for the National Accountability Bureau to file comments on a petition by the former education minister against the initiation of an inquiry against him by NAB.
Pir Mazharul Haq, who served as the senior provincial minister for education in the previous PPP government, had moved the court against the decision of the NAB’s executive board to initiate an inquiry against him for illegal appointments in the education department and for receiving bribes.
The petitioner’s counsel, Shahadat Awan, submitted that NAB had decided to initiate an inquiry against the petitioner regarding his involvement in unlawful use of government funds and illegal recruitments after the 2008 elections.
It is pertinent to mention that NAB had received complaints against the former minister who held the portfolio of senior minister and education minister for illegal appointments in education department against the government rules and regulations.
The petitioner’s counsel submitted that Pir Mazharul Haq had been subjected to victimisation during previous governments, but the accountability courts had acquitted him of all charges. He submitted that government wanted to initiate proceedings against him on the basis of flimsy allegations and prayed the court to restrain NAB from taking any coercive action against the petitioner.
The SHC’s division bench headed by Justice Naimatullah Phulpoto observed that Pir Mazharul Haq and two other education officers were on interim bail and directed the NAB counsel, who sought time to file comments, to submit the same without fail at the next date of hearing.
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