Tag: PHC

  • Peshawar High Court rejects SIC’s plea regarding reserved seats

    Peshawar High Court rejects SIC’s plea regarding reserved seats

    The Peshawar High Court (PHC) has rejected a petition of Pakistan Tehreek-e-Insaf (PTI)-backed Sunni Ittehad Council (SIC) against the Election Commission of Pakistan’s (ECP) verdict on reserved seats.

    “Petitions are unanimously rejected,” the court maintained.

    Earlier today, PHC chief justice Mohammad Ibrahim Khan resumed the hearing and five members of the bench, including Justice Ijaz Anwar, Justice Ishtiaq Ibrahim, Justice Shakeel Ahmad, and Justice Arshad Ali, heard the petition.

    SIC’s lawyer, Barrister Ali Zafar, argued during the hearing that it’s not mentioned in the constitution that a party should submit any list to the ECP for reserved seats.

    “It is not written anywhere that you cannot resubmit the list or when it has to be submitted,” the barrister argued, adding that there is no restriction on providing a second list and that the ECP could have issued a second schedule, as it did for the general elections.

    “As per the law, those who participate in elections will get seats,” Justice Anwar remarked.

    The court then questioned Barrister Zafar if it wasn’t clearly stated anywhere that the second schedule cannot be issued.

    “The law does not prevent the Election Commission from issuing another schedule,” the lawyer responded.

    Justice Arshad remarked that Section 104 explains the mechanism for reserved seats as it states that when a list is submitted then another list can be given.

    “Section 104 says that if a political party participates in an election, it will give a list,” the lawyer argued.

    He earlier argued that whoever wins the number of seats, they get reserved seats in the same proportion. 

    “Their seats cannot be increased.”

    “If these seats are not given, the parliament will not be complete,” remarked the chief justice, responding to which the lawyer requested the court to interpret the Constitution in a way that there remains no gap in its interpretation.

    Barrister Ali Zafar also told the court that the ECP has authority to maintain justice, adding that there should be transparency in the election for reserved seats.

  • PTI’s Faisal Javed indicted for misbehaving with journalist

    PTI’s Faisal Javed indicted for misbehaving with journalist

    Pakistan Tehreek-e-Insaf (PTI) leader Faisal Javed has been indicted on Wednesday for inappropriate behaviour with a journalist, ARY News has reported.

    The charge sheet against him stated that Faisal Javed attacked a TV reporter and threatened him on August 9, 2022, noting that threatening a journalist is a crime. The indictment ordered to move forward with a case against the PTI leader.

    The PTI leader has denied the accusations and said that he didn’t threaten the journalist.

    Last month, Faisal Javed came out of months-long hiding and secured transit bail from Peshawar High Court (PHC).

  • PHC extends stay on reserved seats MNAs oath

    PHC extends stay on reserved seats MNAs oath

    The Peshawar High Court (PHC) has extended its stay order on the oath-taking ceremony of lawmakers notified on reserve seats, which were denied to the PTI-backed Sunni Ittehad Council (SIC) after a verdict to the effect issued by Election Commission of Pakistan’s (ECP).

    The court issued its order during a hearing of a petition filed by SIC, adjourning the hearing and summoning the Attorney General of Pakistan, Mansoor Usman Awan, to appear before the court on the next hearing.

    A day earlier, the PHC barred the oath-taking of lawmakers notified on the aforementioned reserved seats, preventing members from swearing in and directed the ECP to submit its response in the said matter by today.  

    The directives were issued during today’s hearing conducted by Justice Ishtiaq Ibrahim and Justice Shakeel Ahmad.

  • Registered Afghan transgenders get protection from Peshawar High Court

    Registered Afghan transgenders get protection from Peshawar High Court

    Peshawar High Court has issued an order asking authorities not to harass registered Afghan transgenders.

    Justice Shakeel Ahmed and Justice Waqar Ahmed heard the petition against the repatriation of 16 Afghan transgender women in the Peshawar High Court.

    During the hearing, the petitioner’s lawyer took the position that the government has decided that all foreigners will be sent back to their homeland, transgenders will be endangered in Afghanistan.

    On the stand of the petitioner’s counsel, the court inquired whether “these foreigners are registered with NADRA?”

    On the inquiry of the court, the petitioner’s lawyer said that despite POR cards and documents, Afghan transgenders are being harassed.

    On which the court issued an order that if Afghan transgenders have documents then they should not be harassed and if they have certified documents then they can stay in Pakistan.

  • Murad Saeed is not contesting elections this year

    Murad Saeed is not contesting elections this year

    Pakistan Tehreek-e-Insaf (PTI) leader Murad Saeed withdrew from the general elections 2024 on Thursday.

    During the hearing of the petition filed against his nomination papers in the Peshawar High Court (PHC), Murad Saeed’s lawyer told the court that he had returned the ticket and he was not participating in the elections.

    The Peshawar High Court bench, comprising Justice Ishtiaq Ibrahim, Justice Aijaz Anwar, and Justice Sahibzada Asadullah, entertained a plea regarding the rejection of Murad Saeed’s nomination papers and subsequently rendered its decision.

    However, it was revealed during the proceedings that the petitioner had withdrawn the application, informing the court that the ticket had been voluntarily returned.

    On Wednesday, the bench reserved its decision on the petition against the rejection of the PTI leader’s nomination papers.

    Justice Ishtiaq Ibrahim remarked in yesterday’s hearing regarding what the law says when a person is declared a fugitive and does not surrender before the law.

    When a person does not appear in front of the law, how can the papers be approved, he will be elected again and legislate, he asked.

    The Advocate General said in his arguments that when a person becomes a fugitive, he loses some basic rights and he has no right to vote or contest election.

    The court stated in its remarks that, “It will then be used as a weapon to prevent anyone from the election”.

    While reserving the decision on Murad Saeed’s appeal, the court declared the documents of Shehram Tarkai and Atif Khan to be correct in this regard.

    A three-member bench of PHC upheld the decision of the Election Tribunal and rejected the petitions against the approval of Shahram Tarkai and Atif Khan’s papers.

  • What is going on in PTI as leaders clash publicly?

    What is going on in PTI as leaders clash publicly?

    In a surprising turn of events within the Pakistan Tehreek-e-Insaf (PTI), party founding chief Imran Khan has reportedly instructed senior vice chairman Sher Afzal Marwat to suspend all political activities in Sindh.

    Disagreements between Marwat and other party leaders, including Raoof Hasan and Barrister Hamid Khan, have escalated, leading to a temporary halt in political engagements.

    Hamid Khan endorsed the statements of Raoof Hasan.

    https://twitter.com/BrHamidKhan/status/1747182074191360492?s=20

    The directive from Imran Khan came a day after Marwat initially announced the suspension of the election campaign in Sindh, citing an alleged “attack” by party leaders Raoof Hasan and Hamid Khan.

    “Keeping in view the statements against me by sick-minded people like Hamid Khan and Rauf Hassan, I am calling off my campaign in Sindh,” said Marwat.

    However, conflicting statements emerged later after Marwat declared his intention to continue the polls campaign.

    “Workers are right and I will continue campaigning for PTI in Sindh. I will not be distracted,” wrote Marwat.

    In a social media post, he expressed his determination to continue campaigning for PTI in Sindh, urging party activists to confront what he referred to as “satanic forces” independently.

    The internal strife unfolded after Marwat launched the PTI’s election drive in Sindh but later called it off due to statements against him by party leaders.

    The controversy intensified as Marwat accused President Arif Alvi of being a “wrong number” and alleged a conspiracy against the party.

    In response, Hasan and Hamid disowned Marwat’s statements, asserting that he did not represent the party’s position and had no official post within PTI.

    Barrister Gohar Ali Khan, chairman of PTI, addressed the media, emphasizing the party’s commitment to democratic values and calling for unity among party members. Despite internal disagreements, he expressed confidence in Marwat’s candidacy for the upcoming elections from Lakki Marwat.

    The ongoing disputes raise questions about Marwat’s purported meetings with Imran Khan in jail, with conflicting statements from PTI leaders.

    While Hasan claimed no political leader was allowed to meet Imran, Gohar Ali Khan affirmed Marwat’s continued affiliation with the party.

    As PTI works towards finalizing its candidate list for the February 8 elections, the internal conflicts underscore the challenges inherent in the democratic process. PTI members are urged to set aside personal differences for the party’s success in the upcoming polls.

  • ‘An umpire has recently given a no-ball’; Imran Khan slams Supreme Court decision

    ‘An umpire has recently given a no-ball’; Imran Khan slams Supreme Court decision

    Imran Khan, former Prime Minister and Founder Chairman of Pakistan Tehreek-e-Insaf (PTI), engaged in an informal conversation with media representatives during the Toshakhana case hearing in Adiala Jail on Monday.

    He voiced concerns over the political and legal developments, particularly critiquing the Supreme Court’s decision regarding PTI’s electoral symbol, referring to the decision as an “umpire giving a no-ball”.

    Khan suggested that the Supreme Court should have formed a five-member bench rather than a three-member one, to address controversies surrounding PTI’s electoral symbol. These remarks were made amidst the Toshakhana case proceedings.

    He again reiterated his belief that the current situation in Pakistan is part of what he referred to as the “London Plan”, alleging that elements of this plan include his imprisonment before elections, the perceived decline of PTI, and the exoneration of former Prime Minister Nawaz Sharif.

    Imran Khan further highlighted the alleged misuse of state resources, asserting that Nawaz Sharif, his daughter Maryam Nawaz, and PPP co-chairman Asif Ali Zardari had obtained bulletproof vehicles from the ToshaKhana without being held accountable.

    “Something very bad is going to happen to them,” he predicted.
    He demanded that an open trial of the cipher case should be conducted so that the people know the facts. “They ask me why did I not keep the cipher secret.”

    He alleged that the expose of former Army Chief General Qamar Javed Bajwa and U.S. State Department official Donald Lu is responsible for what is happening with PTI now, adding that his party is the only one that has consistently struggled for 27 years to attain its current position.

    Imran Khan remarked that recent decisions by decision-makers fail to accurately gauge public sentiment.

    He predicted significant repercussions for those involved and emphasized the power of social media in bringing transparency to such issues.

    Talking about the upcoming elections, Imran Khan claimed that PTI candidates are not being allowed to run their campaign properly, but he anticipates that the people’s dissatisfaction will become evident on February 8th.

    Despite facing various challenges, Imran Khan stated that PTI has not been entirely eradicated as the people continue to support the party. However, he voiced concerns about the electoral process, stating that PTI intended to give tickets to 850 candidates for the national and provincial assemblies in the general elections but were allegedly not allowed to consult with registered members in jail.

    In response to a question, Imran Khan ruled out the possibility of an electoral alliance with Bilawal Bhutto’s party.

    He also reiterated his claims about biased umpires in the political arena, asserting that Nawaz Sharif has never played a match without favoritism.

    In a related development, PTI Vice Chairman Shah Mahmood Qureshi announced that the party’s candidates would contest the upcoming elections as independent candidates. Qureshi, while referring to the SC verdict, commented on the perceived lack of a level playing field for the PTI and criticized the Election Commission of Pakistan (ECP) for its stance on intra-party elections.

    He further said that his daughter’s nomination papers were snatched when she went for scrutiny. She was compelled to leave her native city, Qureshi added.
    “We accept the court’s verdict. History will certainly write its judgment on the SC’s verdict [on PTI election symbol]”

    Jail Trials Challenged

    Former Prime Minister and Founder Chairman of Pakistan Tehreek-e-Insaf (PTI), Imran Khan, has taken legal action by challenging the jail trial notifications related to the Toshakhana and Al-Qadir Trust cases at the Islamabad High Court.

    Both notifications, about the jail trial, have been contested by Imran Khan in the Islamabad High Court.

    Notably, the notification for the jail trial in the Al-Qadir Trust case was issued on November 14, while in the Toshakhana case, it was issued on November 28, as per the petitions filed on behalf of the PTI leader.

    The legal challenges assert that the notifications for the jail trial are deemed illegal and are allegedly motivated by malice.

    Imran Khan’s legal team has requested the court to declare the jail trial notifications null and void.

    Additionally, they seek a halt in the proceedings of the trial court until a resolution is reached on this matter.

    Imran Khan has named Chairman NAB (National Accountability Bureau) and others as respondents in both petitions, marking a significant development in the ongoing legal saga surrounding the Toshakhana and Al-Qadir Trust cases.

  • ‘Crime of Kings is King of Crime’; Pakistan Tehreek-e-Insaf Nazriati (PTI-N) leader Akhtar Iqbal Dar accuses Imran Khan of corruption

    ‘Crime of Kings is King of Crime’; Pakistan Tehreek-e-Insaf Nazriati (PTI-N) leader Akhtar Iqbal Dar accuses Imran Khan of corruption

    The leader of Pakistan Tehreek-e-Insaf Nazriati (PTI-N), Akhtar Iqbal Dar, has leveled serious accusations against Pakistan Tehreek-e-Insaf (PTI), alleging the submission of fake tickets by PTI candidates under the banner of PTI-N.

    Speaking at a press conference in Lahore, Dar expressed bewilderment at the emergence of PTI candidates allegedly utilizing PTI-N tickets.

    He adamantly declared, “I do not know from where the PTI candidates got our tickets. PTI submitted our fake tickets; I issued tickets to PTI Nazriati candidates.”

    Accusing PTI of forgery, Dar underscored the gravity of the situation, emphasizing that candidates from one political party cannot exploit the platform of another. He urged the Election Commission of Pakistan (ECP) to conduct a thorough investigation into the matter and take appropriate action against instances of electoral forgery.

    Dar asserted the distinct identity of PTI-N, stating, “PTI-N has its own manifesto, its own constitution; our slogan is the death penalty for corruption.” He called for transparency in the electoral process and adherence to ethical standards.

    Responding to rumors circulating since midnight, Dar revealed that the distinguishing mark on PTI-N tickets is the unmistakable ‘batsman’ symbol. He claimed that Returning Officers (ROs) had inquired about their tickets, and PTI-N clarified that their tickets bear the clear mark of the regular ‘batsman,’ a symbol consistent with their 2018 election tickets.

    Journalist Murtaza Ali Shah took to X (former Twitter) and said, “ECP has stopped the retuning officers not to allow the candidates to get the Batman symbol while deceiving to be the members of an other party – after PTI decides to get Batman symbol of PTI-N”

    Displaying a PTI-N ticket to the media, Dar said, “This is our ticket. PTI has submitted our fake tickets. The ECP has issued a clear and blunt order that no candidate of any party can use the ticket of any other party.”

    Dar explained the genesis of PTI-N, stating, “In 2007, I felt the need to discourage rigging, hooliganism, money politics, electorate politics, and promote transparency. That’s why PTI-N was formed, and I must be a part of PTI-N.”
    PTI-Nazriati was formed by Akhtar Iqbal Dar in 2012 after differences with PTI founder Imran Khan. Like many past members, he alleged that the party established in the name of justice had become a party of turncoats with the inclusion of politicians from other parties.

    PTI-N was registered with the country’s top electoral authority in 2016 after accepting an application from Dar. At that time, the Khan-led party had filed an application in the Lahore High Court against the decision which was rejected.

    The PTI-N fielded 35 candidates in the 2018 elections. Although, they did not win any seats they secured over 21,000 votes from Punjab and Khyber Pakhtunkhwa. The party has a base in Punjab.

    It’s not just the symbol and name; both parties also have the same flags.

    In June 2022, PTI had urged the ECP not to grant the symbol to PTI-Nazriati, citing potential confusion among voters. However, the ECP did not entertain PTI’s request.

    Earlier today, PTI initiated a “plan B” by aligning with its splinter group, PTI-Nazriati, to secure the “batsman” symbol for its candidates, as the fate of its long-held “bat” symbol hangs in the balance pending a Supreme Court hearing.

    Amidst the Supreme Court’s deliberations on the Election Commission of Pakistan’s petition challenging the restoration of PTI’s “bat” symbol by the Peshawar High Court, PTI instructed its candidates to submit PTI-Nazriati tickets to Returning Officers. The move comes as a backup plan in case the iconic “bat” symbol is denied.

    The official PTI account posted on X, stating, “Whoever has PTI-Nazriati tickets should immediately submit them and take any kind of hindrance to the Election Commission of Pakistan (ECP) and high courts.”

    The move to secure an alternative symbol gained traction following Chief Justice of Pakistan Qazi Faez Isa’s remarks during a recent hearing.

    While the Supreme Court’s decision is pending, tensions rise within the political landscape. PTI leader Shoaib Shaheen submitted a plea to the ECP, requesting acceptance of PTI Nazriati tickets for candidates. However, the ECP issued a statement warning against attempts to deceive the commission through such requests.

    The evolving situation poses challenges for PTI-Nazriati candidates who have already received tickets in constituencies where PTI is fielding its candidates. The uncertainty surrounding the electoral symbol deadline adds further complexity to the political landscape, with the Supreme Court expected to announce its decision soon.

  • ECP challenges Peshawar High Court’s Verdict on PTI’s ‘Bat’

    ECP challenges Peshawar High Court’s Verdict on PTI’s ‘Bat’

    The Election Commission of Pakistan (ECP) has moved the Supreme Court to challenge the recent Peshawar High Court (PHC) verdict that declared void ECP’s ruling of “unconstitutional” intra-party polls and revoking the party’s iconic bat electoral symbol.

    The ECP, in its plea submitted to the apex court, asserted that the PHC decision should be declared illegal, citing non-compliance with the Election Act in the conduct of PTI’s intra-party elections.

    This move follows a detailed review of the PHC decision,
    with sources indicating that the electoral body had explored various options during a meeting, ultimately deciding to appeal the ruling in the Supreme Court.

    Anchor person Kamran Khan said, “Free and Fair Elections Ball is now in the Supreme Court’s Hands: Unfortunately, the Election Commission of Pakistan is determined to remove the PTI’s election symbol, the Bat. Furthermore, the ECP has not complied with Peshawar High Court’s judgment regarding the PTI’s party certificate on its website.”

    Minutes before the ECP’s plea, the PTI took legal action by filing a contempt of court petition against the ECP. The PTI contended that despite the PHC orders, the ECP had failed to upload the certificate regarding the PTI’s intra-party elections on its website, which the party argued amounted to contempt of court.

    X (formerly Twitter) user Muhammad Anas wrote, “Petition of contempt of Court has been filed in Peshawar High Court against the ECP. ECP didn’t notify the Bat as an election symbol of PTI violating the Court orders.”

    Chief Election Commissioner Sikander Sultan Raja and other ECP members are named as respondents in the PTI’s contempt plea.

    In response to the PHC’s decision, PTI’s chief election commissioner, Niazullah Niazi, personally submitted a certified copy of the PHC verdict to the ECP.

    The PHC, in its ruling, declared the ECP’s decision of December 22, 2023, as illegal and without jurisdiction, directing the ECP to publish the PTI’s intra-party polls certificate on its website. The court affirmed PTI’s entitlement to the bat symbol under relevant sections of the Election Act 2017 and Election Rules 2017.

    The ECP’s challenge in the Supreme Court sets the stage for a legal confrontation, with implications for the PTI’s participation in the upcoming general elections. The time-sensitive nature of the issue adds complexity, as the deadline for Returning Officers to allocate poll symbols to candidates is January 13, posing a challenge in the event of a symbol change.

  • ECP files review petition against PHC order on PTI ‘bat’ symbol

    ECP files review petition against PHC order on PTI ‘bat’ symbol

    The Election Commission of Pakistan (ECP) has submitted a review petition on Saturday to the Peshawar High Court (PHC) challenging the decision of its single-judge bench regarding the iconic electoral symbol of Pakistan Tehreek-e-Insaf (PTI), the ‘bat’.

    The high court issued its verdict on December 26 regarding PTI’s petition that contested the ECP’s decision, which had deemed the party’s internal polls “unlawful” and stripped it of using the ‘bat’ symbol.

    While announcing the reserved verdict, the PHC suspended the ECP’s order and restored the party’s ‘bat’ symbol till a final decision on the petition. The court also stated that a double bench will hear the matter after winter vacations.

    The ECP, in its plea, has urged the court to review the intra-party elections of the PTI and its determinations concerning the election symbol.
    The Commission, in its plea, urged the court to schedule the petition for consideration by a division bench, emphasizing broader public interest. The commission asserted its responsibility to conduct elections with honesty, justice, and fairness in accordance with the law.
    The petition read that Article 218(3) allows the electoral body to organise and conduct the elections, adding that the ECP is also responsible for making all necessary arrangements ahead of the polls.

    “This court […] observed that election is a process which starts with the issuance of the election programme and consists of the various links and stages in that behalf as, filing of nomination papers, their scrutiny, the hearing of objections and the holding of actual polls. If any of these links is challenged it really (is) tantamount to challenging the said process of election,” it said.