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Elahi, Sanam among PTI candidates allowed by SC to contest Feb 8 polls

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  • Elahi’s counsel highlighted anomalies in the objections.
  • Voters should not be deprived of their right to vote: Justice Minallah.
  • Justice Shah says elections mean inclusion, not exclusion of people.

ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) secured major relief from the top court on Friday as five of its candidates including incarcerated party president Parvez Elahi, were granted permission to contest the upcoming February 8 elections.

Besides Elahi, the Supreme Court on Friday approved appeals of PTI candidates Umer Aslam, Major (retd) Tahir Sadiq, Sanam Javaid Khan, and Shukat Basra against returning officer decisions to reject their nomination papers from different constituencies.

Elahi has been allowed to contest the general election from the PP-32 constituency of Gujarat district.

The former Punjab chief minister had approached the Supreme Court to contest the upcoming general elections and challenged the verdict of the Lahore High Court (LHC), upholding the Election Tribunal’s decision of rejecting his nomination papers.

The PTI president, presently confined in Adiala Jail, filed a petition in the apex court under Article 185(3) of the Constitution for leave to appeal against the judgment dated January 13, 2024, passed by the LHC in his petition.

Elahi nomination papers were rejected from National Assembly constituency NA-64 (Gujrat-III) and Punjab Assembly’s constituency PP-34 (Gujrat-VIII).

A three-member bench of the Supreme Court comprising Justice Mansoor Ali Shah, Justice Jamal Khan Mandokhail and Justice Athar Minallah heard Elahi’s plea.

Advocate Faisal Siddiqui represented Elahi in the case.

Presenting his arguments, Elahi’s counsel highlighted anomalies in the objections raised by the rival candidates and the Election Commission of Pakistan (ECP).

“We don’t want a delay in elections,” Siddiqui told the bench. He implored the court to grant permission to his client to contest the upcoming elections in Gujarat.

Justice Minallah observed that voters should not be deprived of their right to vote.

He said a returning officer is supposed to facilitate and not obstruct the election process.

“It is strange that all this is happening to only one political party,” Justice Minallah remarked.

Justice Shah said elections call for the inclusion of people and not exclusion.

“Article 17 says that no one can be barred from contesting an election without valid reasons,” he said.

The SC judge said the Constitution allows enfranchisement and not disenfranchising the voters via elections.

After hearing the arguments, the apex court declared the RO’s decision to reject Elahi’s nomination papers from PP-32 invalid and allowed him to contest polls from the Gujarat provincial assembly seat.

Elahi withdrew appeals against the rejection of nomination papers from other constituencies including two NA seats.

A series of objections were raised against Elahi’s nomination papers, which included the concealing of assets, non-disclosure of shares in different companies, non-compliance with the rule to open separate bank accounts for expenditures in both constituencies, technical mistakes in documents and submitting documents without verification from the oath commission.

The senior PTI leader was initially arrested on June 1 last year in a Rs70 million graft case related to the embezzlement of development funds allocated for the Gujrat district and has been behind bars ever since.

He was released several times in between, only to be re-arrested immediately in different cases, including a money laundering case and allegations of illegal appointments in the Punjab Assembly.

Apart from Elahi, PTI candidates Tahir Sadiq and Omer Aslam Awan were allowed by the apex court to contest elections from NA- 49 (Attock) and NA-87 (Khushab) constituencies, respectively. 

Sanam has been allowed to contest polls from NA-119, NA-120, and PP-125 while Basra was cleared to fight elections from NA-163 (Bahawalnagar). 

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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