IHC bars ECP from holding by-polls on Mian Soomro’s vacant seat

PTI MNA Muhammad Mian Soomro. — NA website

• ECP de-notofied Soomro from NA-196 Jacobabad due to long absence.
• Court says Soomro should have submitted a leave application.
• Mohammad Mian Soomro is currently abroad, will return on Sept 27.

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The Islamabad High Court Friday barred the Election Commission of Pakistan (ECP) from holding by-elections on the vacant seat of Muhammad Mian Soomro.

Barrister Zainab Janjua, the petitioner’s lawyer, presented her arguments before Justice Mian Gul Hassan Aurangzeb. Soomro’s counsel told the court that her client was elected from constituency NA-196 Jacobabad and is one of those PTI MNA who didn’t resign.

She further added that National Assembly Speaker Raja Pervez Ashraf declared the seat vacant due to the member's absence from the lower house for 40 days.

“The petitioner is out of the country and cannot travel much due to health issues; however, despite this, the ECP de-notified the MNA and announced by-polls,” Soomro’s counsel told the court.

However, Justice Aurangzeb said that the petitioner did not submit a leave application and remained absent from the assembly for 40 days.

After hearing the arguments, the court refrained the ECP to hold by-elections on the NA-196 Jacobabad seat until the next hearing scheduled to be held in September.

Justice Aurangzeb directed Barrister Janjua to confirm from her petitioner regarding his plans to go to the assembly because his presence will be mandatory. To this, the counsel informed the court that his client will return on September 27 and will then go to the assembly.

The court directed that registrar high court to schedule the next hearing in September.

Last week, the ECP had de-notified Soomro from NA-196 Jacobabad, under Clause (2) of Article 64 of the Constitution after the decision of National Assembly.

Source https://www.globalcourant.com/ihc-bars-ecp-from-holding-by-polls-on-mian-soomros-vacant-seat/?feed_id=13226&_unique_id=63001f047ef8f

IHC issues notice on govt’s plea against dismissal of Shahbaz Gill's physical remand

PTI leader Shahbaz Gill in court during a hearing of a sedition case filed against him. Screengrab

ISLAMABAD: The Islamabad High Court (IHC) on Monday issued a notice to PTI leader Shahbaz Gill on a petition filed by the federal government against a local court’s ruling that turned down the plea seeking an extension in his physical remand in a sedition case filed against him.

On August 13, Islamabad Advocate General Jahangir Jadoon moved the IHC seeking its order to declare the decision taken by the district and sessions court null and void while extending the physical remand of Imran Khan's chief of staff.

IHC acting Chief Justice Amir Farooq took up the petition today.

During the course of the proceedings, the petitioner accused the PTI leader of targeting a state institution that had rendered great sacrifices for the country.

At this, the court asked why do you want an extension in the physical remand of Shahbaz Gill?

What will you do if the remand is extended? the court inquired.

“It is a fact that your review petition has been dismissed and the physical remand [of Shahbaz Gill] is over,” observed the court.

The petition apprised the court that the police needed an extension in Gill's remand as they have to recover the suspect’s laptop and other devices to take the investigations to its logical end.

Meanwhile, the court served notice on Gill in this regard and adjourned the hearing till tomorrow (August 16). 

The case 

A treason case was registered against Shahbaz Gill at the Kohsar Police Station under several sections of the Pakistan Penal Code, including 124-A (sedition), 131 (abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty), 153 (wantonly giving provocation with intent to cause riot if rioting be committed; if not committed), 153-A (promoting enmity between different groups, etc), and 505 (statements conducing to public mischief), 506 (punishment for criminal intimidation), among others.

On August 9, Gill was arrested from Banigala Chowk in the capital a day after making controversial remarks on a private TV. He was subsequently booked on charges of sedition and inciting the members of the state institutions against their leadership.

The court granted a two-day physical remand and directed them to present him on August 12.  However, the police sought an extension in Gill's remand for another 12 days on Friday but the court dismissed the plea.

Source https://www.globalcourant.com/ihc-issues-notice-on-govts-plea-against-dismissal-of-shahbaz-gills-physical-remand/?feed_id=11084&_unique_id=62f9fa7d17bca