Order on plea against disqualification of MPA reserved

Published February 1, 2019
Petitioner argues the district police officer had issued a clearance certification to him.— File
Petitioner argues the district police officer had issued a clearance certification to him.— File

ISLAMABAD: The Islamabad High Court (IHC) on Thursday reserved order on a petition filed against the disqualification of a member of the Khyber Pakhtunkhwa (KP) Assembly for being on the fourth schedule of the Anti-Terrorism Act.

The fourth schedule is a list of proscribed people which is managed by the National Counter Terrorism Authority (Nacta) after collecting data from provinces and federal areas, including Islamabad and Gilgit-Baltistan.

The MPA from PK-89 Bannu, Shah Mohammad, filed the petition in IHC against the decision of the Election Commission of Pakistan which annulled his membership for being listed on the fourth schedule.

His counsel Dr Babar Awan adopted before the court that the district police officer had issued a clearance certification to the petitioner at the time of filing of nomination papers.

The counsel said disqualification of a lawmaker for being in the fourth schedule was against fundamental rights.

He said a member of a provincial or National Assembly can only be disqualified under Article 62 or 63 of the Constitution.

After hearing the arguments, Justice Aamer Farooq reserved the order.The judge also took up a petition filed by Member National Assembly (MNA) Zulfiqar Bhatti of the PML-N filed against re-pollilng in NA-91 Sargodha.

Mr Bhatti won from the constituency defeating Pakistan Tehreek-i-Insaf (PTI) candidate Amir Sultan Cheema by a margin of 279 votes.

The ECP recently ordered re-polling in the constituency which has been challenged by Mr Bhatti. The high court allowed the re-polling but linked it with its final decision.

Published in Dawn, February 1st, 2019

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