PESHAWAR: The Elec­tion Commission of Pakistan (ECP) on Tuesday disqualified provincial minister for transport Shah Muhammad Khan from holding any public office for five years due to his involvement in attacks on polling stations, kidnapping of polling staff and snatching of election material in his native Bakakhel area of Bannu district on the eve of the first phase of local government elections in Khyber Pakhtunkhwa held on December 19.

A two-member ECP bench, consisting of Nisar Ahmad Durrani and Shah Mohammad Jatoi, in a 21-page judgement also barred Shah Muhammad’s son Mamoon Rasheed from contesting any elections till finalisation of criminal proceedings against him in the same case.

Following the verdict, the ECP also issued a notification disqualifying Shah Muhammad from holding any public office for five years and consequently de-notifying him as an MPA from PK-89 (Bannu-III). The commission withdrew its earlier notification of 2018 through which Shah Muhammad was declared as returned candidate after the 2018 general elections.

The ECP in its judgement ruled that in view of the investigation carried out by the DPO (district police officer), geo-fencing and CDR (call data recording) and the inquiry conducted by the commission, they (bench) observe that Shah Muhammad Khan being a public office holder, along with other accused, was involved in the incidents of attacking polling stations, kidnapping of polling staff, snatching of election material, harassing and threatening polling staff and other investigation agencies and had committed corrupt practices.

The bench directed the KP election commissioner to file complaints of corrupt practices against Shah Muhammad Khan, his son Mamoon Rasheed, Gul Baz Khan, Mohabat Khan and Qudrat Ullah under relevant provisions of the Elections Act 2017 and the Pakistan Penal Code. It directed that disciplinary proceedings be also initiated against assistant presiding officer Mohabat Khan and Hameed Ullah alias Qudrat Ullah.

The ECP bench directed police to investigate the case, arrest the remaining accused and make all-out efforts for better and effective criminal prosecution of the cases/FIRs registered in this matter to punish the accused involved in these crimes.

In its order, the ECP bench recalled that on the night of December 18, 2021, one day prior to the polling in the constituency, according to reports of the Bannu district returning officer (DRO) and district police officer (DPO), snatching of polling material took place and there was worse situation of law and order. These incidents were reported to the DRO by the returning officers concerned who requested for postponing the election due to the deteriorating law and order situation.

On receipt of such reports, the ECP postponed the polling process in the constituency on December 19, 2021 till normalisation of the situation and constituted a commission for probing and ascertaining the facts.

The ECP bench observed that they had heard the arguments of the parties and pursued all the available record. On receipt of letters from the DRO, an FIR was registered at Baka Khel police station under different sections of the PPC and Section 7 of the Anti-Terrorism Act against unknown persons for snatching polling material and kidnapping 28 female and 22 male polling staffers as well as six policemen from nine polling stations of the constituency.

The bench observed that as per a video clip submitted by the police, accused Gul Baz Khan used abusive language against police officers and Shah Muhammad pressurised the local police to release his friends by blocking the main Bannu-Miramshah road for four days.

According to an FIR lodged in 2013 under different sections of the Representation of People Act and the PPC, accused Shah Muhammad, who was a candidate of provincial assembly, was charged in a similar case of snatching election material and attacking polling stations during the elections for national and provincial assemblies.

Published in Dawn, February 2nd, 2022