The Supreme Court of Pakistan has suspended the Election Commission’s November 21 decision to de-seat Member of National Assembly (MNA) Adil Bazai.
A three-member bench, headed by Justice Mansoor Ali Shah, heard the case. Justice Aqeel Abbasi and Justice Ayesha Malik were also part of the bench.
During the hearing, Adil Bazai’s lawyer, Taimoor Aslam, referred to the decision on reserved seats.
Justice Mansoor Ali Shah, smiling, engaged in a conversation with Taimoor Aslam, saying, “Oh, are you really relying on the decision regarding the reserved seats?” Justice Aqeel Abbasi commented, “Now, they’re saying there has been an amendment.”
Justice Mansoor Ali Shah, with a smile, remarked, “Has the decision regarding the reserved seats been implemented? Well, let’s move on.”
Justice Ayesha Malik asked, “Can you rely on the decision regarding reserved seats in this case? Was Adil Bazai part of the list of 81 members with reserved seats.
The regular bench observed that the Election Commission cannot issue a declaration. It was explained to the court that determining the political affiliation of a candidate is the responsibility of the civil court.
In his arguments, the petitioner’s lawyer, Taimoor Aslam, stated that Adil Bazai had been de-seated by the Election Commission under Article 63-A.
He further argued that the Election Commission did not properly assess the facts, nor did it call Adil Bazai for an inquiry.
Justice Mansoor Ali Shah raised the question: If the matter of Adil Bazai’s affidavits was in the civil court, how does the Election Commission have jurisdiction? Can the Election Commission take notice of a matter that is pending in the civil court?
Justice Ayesha Malik stated, “Adil Bazai has two affidavits, and he says he signed the second one. Can the Election Commission investigate fraud?”
Justice Mansoor Ali Shah remarked, “First, we need to settle the matter of the Election Commission’s jurisdiction. Removing someone from the assembly is not a trivial matter, so all aspects must be considered.”
The court accepted Adil Bazai’s appeal against his removal from NA-262 Quetta for initial hearing.
The regular bench of the Supreme Court issued notices to the Election Commission and other parties, adjourning the case until December 12.
From Express Tribune newspaper
