Lahore High Court (LHC) Justice Khalid Ishaq has dismissed pleas of former opposition leader in Punjab Assembly Malik Ahmad Khan Bhachar and ex-MNA Muhammad Ahmad Chatha challenging the Election Commission of Pakistan’s (ECP) notifications de-notifying them.
The judge observed that that since the petitioners were fugitives from justice, they could not invoke the court jurisdiction for judicial review.
The court concluded that the ECP notifications impugned through the constitutional petitions were linked to conviction of the petitioners.
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The respondents questioned that the maintainability of the petitions on the ground that the petitioners were convicts who had not surrendered themselves to the due process of law, were at large and their perpetual arrest warrants had been issued. Therefore, they were not entitled to invoke the extraordinary constitutional jurisdiction of the court in terms of Article 199 of the Constitution.
The additional attorney general for Pakistan contended that the jurisdiction of judicial review could not be invoked in favour of the petitioners as it was not meant to act in aid of a fugitive from justice. A citizen seeking revision of an order has to satisfy at the outset as to how he is entitled to such a remedy when he is guilty of setting a judicial order at naught by fleeing after conviction.
In addition, the additional attorney general submitted that the jurisdiction under Article 199 could not be invoked by a fugitive. The law officers representing the ECP adopted similar submissions.
The petitioners’ counsel argued that irrespective of conviction, civil rights of a person were protected and disadvantage, if any, for being a fugitive, only related to the case in which the petitioners had been convicted and not all other cases.
The petitioners had challenged their disqualification and sought halting of by-polls in their constituencies.
Their counsel had argued that no proceedings could be initiated against an assembly member without a reference sent by the speaker.
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They contended that the lawmakers had been disqualified without being given an opportunity to be heard, which violated the principles of natural justice.
The ECP had disqualified the petitioners following their conviction in May 9 cases by the anti-terrorism courts.
The trial court had handed down 10-year imprisonment each to them.
