SHC reserves order on plea against PPP MPA Halepota’s disqualification

The Sindh High Court reserved its order on a petition of a Pakistan Peoples Party’s MPA on Wednesday against the election commission’s notification of his disqualification from the provincial assembly constituency of PS-55 Badin-cum-Tando Mohammad Khan.

The Election Commission of Pakistan (ECP) had disqualified PPP lawmaker Bashir Ahmed Halepota on a complaint from Mohammad Hassam Mirza, who alleged that Halepota had become a polling agent of his rival candidate during the last local bodies elections in Badin.

Halepota’s counsel, Haq Nawaz Talpur, submitted that his client had been appointed a 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 initiate disqualification proceedings as the complainant had not specifically sought Halepota’s disqualification over the alleged violation of the code of conduct. 

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

The counsel contended that the election body had also initiated contempt of court proceedings against his client though the Contempt of Court Act was applicable to politicians or candidates and not to members of the national and provincial assemblies. 

Claiming that the ECP had violated articles 4 and 10-A of the constitution in proceedings against Halepota, the lawyer pleaded with the court to set aside the latter’s disqualification.

The election commission’s counsel supported the ECP’s judgment, contending that an elected representative could not become a polling agent as per the Representation of Peoples Act and election by-laws.

After hearing arguments of the counsel, the court reserved its judgment and observed that till the announcement of the order, the impugned notification “shall remain suspended”.

 

JJVL travel plea

The SHC issued notices to the special prosecutor for the National Accountability Bureau on an application by the chief executive officer of Jamshoro Joint Venture Limited – a co-accused in the multibillion corruption reference against former federal minister Dr Asim Hussain – seeking permission to travel abroad for business.

Former minister Dr Asim Hussain, Iqbal Z Ahmed and other officials including ex-managing director and acting general manager of the Oil and Gas Development Company Limited (OGDCL) were booked by NAB for illegally awarding contracts to a privately-managed gas processing company, Jamshoro Joint Venture Limited (JJVL).

The investigators alleged that the private company was allowed to process gas from five fields in lower Sindh without conducting an open auction, signing agreements and other necessary procedure required in the law. The process, it was said, caused a loss of Rs17.338 billion to the national exchequer.

The petitioner’s counsel submitted that his client, who was out on protective bail granted by the court, wanted to travel Europe, Middle East, Singapore, China and South Korea for business purposes from February 19 to March 31. 

The SHC division bench headed by Justice Syed Mohammad Farooq Shah issued a notice to the NAB special prosecutor to submit comments on February 19.

 

Bail request

The court also issued notices to the NAB special prosecutor on a bail plea filed by a co-accused in the Pak Punjab Cooperative Housing Society land fraud case.

The accused, Adnan, was arrested by NAB on charges of involvement in illegally occupying the plots of 358 genuine allottees of the Pak Punjab Cooperative Housing Society Ltd located in Sector 24-A, Scheme 33, Karachi.

The accused in the NAB investigation are Sajid Ali Khan Yousufzai, the alleged ex-secretary of the society; Mirza Munir Baig, the then assistant registrar of the provincial cooperation department; Khudadad Khan, sub-registrar, Gulshan-II; Muhammad Arif; and Adnan.

They are accused of working in connivance to usurp the plots by cancelling the allotments of genuine members, enrolling illegal new members on the platform of a new bogus society (which included the names of employees of Sindh Workers Welfare Board) and illegally selling and transferring the society’s plots to various people. 

NAB investigations state that Falaknaz Builders (owners Riaz Ilyas and others), Marhaba and Platinum Builders (owners Syed Amir Ali Shah, Muhammad Iqbal, Muhammad Arif and others), and Sanober Builders constructed various illegal housing and commercial projects on the occupied land.