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Thursday, December 12, 2024  
09 Jumada Al-Akhirah 1446  

SC reinstates Adil Bazai as MNA

Judge challenges the ECP's authority to simply disregard one affidavit in favor of another.
Adil Bazai. File Photo
Adil Bazai. File Photo

In a significant ruling, the Supreme Court of Pakistan has reinstated Adil Bazai as a member of the National Assembly. A three-judge bench, headed by Justice Mansoor Ali Shah, heard Bazai’s appeal challenging his disqualification by the Election Commission of Pakistan (ECP).

During the hearing, the court raised serious questions about the ECP’s procedures. Justice Ayesha Malik questioned the commission’s inquiry into the facts of the case, asking what investigation had been conducted.

Justice Aqil Ahmed Abbasi remarked that it was unacceptable to disqualify someone simply based on a letter from a higher authority. Justice Mansoor Ali Shah emphasized that the standard for disenfranchising the voters of a constituency should be stringent.

Bazai’s lawyer, Sardar Timur, argued that the ECP initiated proceedings the day after the matter was brought before it. He stated that they had approached the Balochistan High Court for relevant documents, specifically requesting the affidavit cited as evidence of Bazai’s alleged affiliation with the Pakistan Muslim League-Nawaz (PML-N). However, Justice Ayesha Malik noted that the ECP had declared these documents confidential.

The court summoned the ECP’s Director General of Law to the rostrum. Justice Ayesha Malik questioned the DG’s decision to accept one affidavit as valid without proper inquiry, despite receiving two conflicting affidavits—one claiming ownership and the other denying it. She challenged the ECP’s authority to simply disregard one affidavit in favor of another.

Unsatisfied with the ECP’s explanation, the Supreme Court accepted Bazai’s appeal. The court declared the ECP’s decision to disqualify Bazai from NA-262 Quetta null and void, thereby restoring his position as a member of the National Assembly.

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Supreme Court

Election commission of Pakistan

Adil Bazai