The Supreme Court on Wednesday reserved its judgement on a petition of Senator Muhammad Ali Rind of BNP (Awami) challenging Balochistan High Court (BHC) judgement pertaining to his disqualification from Senate. A three-member bench headed by Justice Mian Shakirullah Jan was hearing the petition of Senator Mir Muhammad Ali Rind.
Senior Advocate Iftikhar Gilani represented Muhammad Ali Rind whereas Additional Attorney General K.K. Agha assisted the bench in the case. Gilani contended that the petition was not maintainable because his client's disqualification period from Senate was over on June 28 whereas the instant petition was filed on August 25, 2011, adding that Obaidullah has no locus standi in the case.
It is pertinent to mention that Balochistan High Court had disqualified Rind to become member of the parliament on permanent basis for committing fraud and cheating. Rind was also directed by the BHC to pay back all the payment to national kitty, which he had received in the form of salaries, allowances and other expenses being a Senator.
During the course of hearing, Additional Attorney General K. K. Agha informed the bench that Article 199 of the Constitution could not be applied to the electoral dispute under Article 225 of the Constitution of Pakistan, adding that even if a writ of quo warranto did apply even then it was not applicable in the case of Senator Muhammad Ali Rind because at the time of judgement of BHC he had already served his 10 years disqualification.
Moreover, he argued, the senator could not be disqualified under Article 62 (1) D as it required to record an evidence, adding that if this would be done the Senator would be deprived of his right which would be contrary to justice. The court reserved its judgement on the maintainability of the matter after hearing the arguments.
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