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Thursday November 28, 2024

SHC issues notices on Safoora attack suspects’ plea against harassment

By our correspondents
January 04, 2017

Court also suspends arrest warrants issued by an ATC against two businessmen, Ali Hasan Qadri and Umar Hasan Qadri, nominated in the Baldia factory arson case

The Sindh High Court on Tuesday issued notices to the federal and provincial law officers, the Sindh police IGP and others on petition against harassment to alleged facilitators of the Safoora bus attackers.

Petitioner Hira Siddiqui submitted that her spouse, Sultan Qamar Siddiqui, and her brother-in-law, Hussain Umar Siddiqui, were released on bail by the SHC after imprisonment of more than one year in the Safoora bus attack case.

She submitted that her husband and brother-in-law were being harassed by personnel of the law enforcement agencies.

She requested the court to direct the law enforcement agencies to not cause harassment to her husband and brother-in-law.

She also requested the court to direct police and the home department to submit details of cases pending against them.

After preliminary hearing of the petition, the SHC’s division bench, headed by Justice Zafar Ahmed Rajput, issued notices to the Sindh advocate general and the Sindh deputy attorney general. The court also directed police, NAB and other respondents to act strictly in accordance with the law.

Notice to ECP

The SHC has directed the Election Commission of Pakistan (ECP) to file comments on petition filed by Pakistan Peoples Party (PPP) leader Bashir Ahmed Halepoto against his disqualification from the provincial assembly constituency –PS-55 Badin-cum-Tando Muhammad Khan.

The ECP had disqualified the PPP MPA on complaint of Mohammad Hassam Mirza, who alleged that Halepoto had become polling agent of his rival candidate during the local bodies election in Badin.

Petitioner’s counsel Haq Nawaz Talpur submitted that his client was appointed as polling agent by the competent authority in accordance with the election rules and regulations, therefore, his disqualification was illegal and unlawful.

He argued that the election commission could not initiated disqualification proceedings against him, as the complainant had not specifically sought his disqualification over the alleged violation of the code of conduct.

A lawmaker can only be disqualified either under theSection 99 of the Representation of Peoples Act, 1976 or Articles 62 and 63 of the constitution.

He further argued that the election body had also initiated contempt of court proceedings against him despite the fact that the Contempt of Court Act was applicable to the politicians or candidates and not to the members of the national or provincial assembly.

Claiming that the ECP violated Article 4 and Article 10-A of the constitution in proceedings against Halepoto, the lawyer pleaded to the court to set aside his disqualification.

ECP law officer Abdullah Hanjrah sought time to file comments.

The court asked him to submit comments till January 12. The Sindh advocate-general and Hassam Mirza have also been directed to file their comments in this regard.  

Warrants suspended

The SHC suspended the arrest warrants issued by an anti-terrorism court against two businessmen nominated in the Baldia factory fire case.

Ali Hasan Qadri and Umar Hasan Qadri submitted that they had been cleared by police in the Baldia factory fire case, but the anti-terrorism court had issued their arrest warrants.

They expressed apprehension of their arrest and requested the court to suspend the arrest warrants against them so that they could approach the trial court.

The court, after preliminary hearing of applications, suspended the arrest warrants and issued notice to the Sindh advocate general and others to file comments on January 10.