Slapping woman polling staff worse than extra-judicial killing: CJP makes observation

The Supreme Court on Friday observed that slapping a woman polling officer is a more serious offence than the extra-judicial killing of Sarfraz Shah at the hands of Pakistan Rangers in Karachi last year. The apex court said that the Election Commission of Pakistan (ECP) and the Sindh Police had failed to take timely action against provincial assembly seat contender Waheeda Shah's assault on polling staff.
It sought report on the incident from the concerned authorities by March 12. A three-member bench led by Chief Justice Iftikhar Muhammad Chaudhry was hearing a suo motu case relating to contender Waheeda Shah Bukhari's assault on polling staff on February 25. At the outset of hearing, the CJP observed that the Inspector General of Police Sindh should resign over the incident. Syed Mushtaq Shah, IGP Sindh, however, argued that there was no comparison between the killing of Sarfraz Shah and Waheeda Shah Bukhari's assault on a polling officer.
The CJP remarked: "The incident is an even more serious than the extrajudicial killing, because it has brought shame to the country." "Due to the negligence of law enforcing agencies, such kinds of happenings are taking place the officials go really far, to the extent that they take the law into their hands," the CJP observed.
While the Chief Justice Chaudhry inquired about Waheeda Shah's counsel she apprised the bench that she was appearing before the bench to submit an "apology". According to her, the Chief Justice is her lawyer and also judge in the case. The Chief Justice observed: "If such kind of incident could take place in the by-polls then what would possibly happen in the general elections". Attorney General for Pakistan Maulvi Anwarul Haq informed the bench that an FIR in the matter had not been registered under the relevant Sections of the Pakistan Penal Code against Waheeda Shah. According him, the incident had in fact necessitated the application of Section 353 and Section 189 of the PPC.
The AGP further informed the bench that under those Sections, Waheeda Shah could be penalised with a two-year term of imprisonment along with a substantial amount of fine. However, the IGP Sindh submitted that those two Sections would be applied in the FIR. The Chief Justice remarked that it should have been done without the intervention of the apex court.
The bench observed that the Sindh police did not even bring the case file to the hearing. Not only should the ECP a witness, but also a complainant in the case, the bench added. The CJP asked the AGP to assist the court and off suggestions to avoid a similar situation in future. The Chief Justice directed the IGP Sindh to take action in accordance with law and submit a report before the bench on the next date of hearing - March 12.