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SC dismisses plea against 2024 general elections

ISLAMABAD: The Supreme Court of Pakistan on Wednesday dismissed a petition seeking to annul the February 8, 2024 general elections and imposed a fine worth Rs 500,000 on petitioner for non-appearance.

A three-member bench presided over by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, announced the verdict.

The order read, “The application for withdrawal of the petition is allowed and the case is dismissed as withdrawn with costs of five hundred thousand rupees which are directed to be paid equally to the Pakistan Bar Council and to the Supreme Court Bar Association within thirty days, failing which they be recovered from the petitioner as arrears of land revenue.”

It said, “We trust that the government will be ensuring that the petitioner does not use the rank of a Brigadier or Ex or former Brigadier with his name.”

The order said, “This petition has also consumed valuable court time, which is to be spent on deciding the cases of genuine litigants; not use the media for ulterior and nefarious purposes.

“The petitioner got prominent coverage and then the petition was abandoned and the petitioner left the country.

“Responsible media will undoubtedly want to disclose this order and the petitioner’s conduct to redress the damage done.”

It further stated, “The petitioner did not disclose the fact of being court martialed and mentions the rank which he held before being court martialled.

“He misused the rank which he had previously held in the Army which he could not do so.

“The petitioner must have used his rank to attract publicity and to ensure that the contents of his petition are widely broadcast in the media and published in the newspapers.

“And after having achieved such purpose, the petitioner immediately bought a ticket (on 13th February , 2024) to catch a flight out of the country.

“The usual practice is to buy a return ticket, but the petitioner bought a one-way ticket.

“He also did not disclose when he will return to Pakistan.

“The petitioner also did not disclose the reason for his sudden departure from Pakistan nor why he had to go to Bahrain.

“It is also not disclosed why, just one day after filing the petition, he sought its withdrawal.

“The petitioner’s conduct demonstrates that he wants to undermine the credibility of constitutional bodies, which is neither in the citizens nor in the country’s interest.”

The order said that, “The Fixation Branch of this Court has informed that they had received an e-mail dated 19 February 2024, wherein the petitioner stated that ‘I am ex-Brigadier Ali Khan’ and that he had sought withdrawal of this petition by filing withdrawal application (CMA No.1211/2024).

“The e-mail confirms that ‘I don’t want to pursue the said petition anymore as I am currently out of the country.

“The copies of the petitioner’s passport with exit from Pakistan stamp of FIA Immigration dated 17 February 2024, boarding pass and e-ticket have also been provided by the petitioner.”

The verdict said, “The Attorney General of Pakistan AGP states that the petitioner cannot refer to himself as an ex-Brigadier because he was court martialled by the Army for committing sedition, mutiny and insubordination in the year 2012.

“He was sentenced to five years rigorous imprisonment and was released after serving out four years of his sentence as he was granted remissions.

“The learned AGP further states that the petitioner was stripped of his rank, which he can no longer use and the normal benefits which would accrue to a retired officer were not given to him.”

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