The Supreme Court sent a notice to the petitioner, who called for a fresh round of general elections, through the defence ministry on Monday.
The three-member SC bench adjourned the hearing till February 21 (Wednesday) after the applicant, who according to the SC showed himself as a retired army man, did not appear in court.
At the outset of the hearing, Chief Justice of Pakistan Qazi Faez Isa stated on Monday that the apex would hear the case against the polls after a fellow judge said that the petitioner moved the court to withdraw his petition.
He said this while presiding over a three-member bench to hear a petition pleading with the court to declare the polls null and void due to alleged violations of democratic norms and electoral integrity.
Justice Muhammad Ali Mazhar and Justice Musarrat Hilali are the other two members of the bench. Last week, the court announced that it would take up the plea on Feb 19.
Provisional results by the Election Commission of Pakistan showed that independent candidates secured the maximum National Assembly seats.
Petitioner Khan seeks a declaration that the polls were rigged and urged for a fresh round of general elections. He lodged a three-page constitution petition under Article 184 (3) of the Constitution.
The petition urged the court to order new elections within 30 days to be held under the direct supervision and oversight of the judiciary “to ensure fairness, transparency and accountability”.
It also sought a stay order to stop the formation of a new government till the case was decided and called for an investigation into the alleged pre-poll rigging.
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But petitioner Ali Khan, who had filed the plea three days after the polls, did not appear in court on Monday.
The CJP asked about him. Fellow bench member Justice Muhammad Ali Mazhar said that the petitioner filed a plea on Feb 13 to withdraw his petition.
CJP Isa ordered the SHO concerned to implement the notice.
He described such a situation as a “joke” and ordered that the petitioner should be brought to court. “We will hear this case,” he said.
“First they file a petition and then they disappear. Is this a joke?” the CJP said.
The court associate informed the SC that they were trying to contact the petitioner via phone and the address. Was the application filed just for publicity, the CJP wondered and ordered that the petitioner must be presented before it from anywhere as the court would hear the case.
CJP Isa added that the applicant issued his petition to the media after filing it to the court.
It would not work like that, the CJP told the additional attorney general. He added that usually a petition was not issued to the media after filing it to the court.
CJP Isa ordered that the petitioner must again be contacted via telephone. He wondered whether Ali Khan himself filed the petition or not. And, the what if after appearing in court, the petitioner says that he did not take it back, the CJP added.
The case would be heard today on the appearance of Ali Khan, he said.
Later, the court adjourned the hearing till February 21 and issued him notice through the defence ministry.
