Case against Gilani and son: ECP takes exception to absence of counsel for PTI

ISLAMABAD: Election Commission of Pakistan (ECP), Thursday, took exception to the absence of Pakistan Tehreek-e-Insaf’s (PTI’s) counsel in disqualification case against Leader of the Opposition in Senate Yousuf Raza Gilani and his son Ali Haider Gilani, Punjab’s Member Provincial Assembly (MPA) and cautioned that the case, which is pending for a year, would not conclude if those parties to it kept skipping the proceedings.

“Things cannot work this way,” remarked Chief Election Commissioner Sikandar Sultan Raja on the second consecutive day of the hearing of the case filed by PTI against the two Gilanis seeking their disqualification from legislative memberships for alleged involvement in foul play related to last year’s Senate polls.

The CEC headed the three-member bench that heard the case with Nisar Ahmed Durrani and Shah Muhammad Jatoi as its members.

PTI counsel Senator Ali Zafar did not attend Thursday’s proceedings.

“It is said in the media that ECP is not taking a decision in this case. We want to decide this case. But those who have to be here for this case are not here. If things go on like that—this case would keep lingering. It would head nowhere,” the CEC commented.

He questioned all the four petitioners whether they wanted to pursue the case. “Can you see the seriousness on our part related to this case?” Raja further asked.

“We can see the seriousness on part of ECP in dealing with this case and we are grateful to the commission for that,” PTI Member National Assembly (MNA) Maleeka Bokhari replied, adding that they wanted to pursue the case.

The bench directed her to start her arguments in the case. Bokhari replied that Ali Zafar wanted to conclude his arguments first and she would start her arguments thereafter.

The bench adjourned the case proceedings till the coming Monday.

Earlier, in Wednesday proceedings, the counsel of the two Gilanis requested the electoral body to decide on the maintainability of the case, saying the commission was not authorised to hear this case. The PTI counsel said that ECP exerted its jurisdiction in Faisal Vawda case and it was completely empowered to issue any decision in Gilanis’ disqualification case. The defence counsel said the electoral body is constitutionally bound to decide this case within 60 days under Section 9 (3) of Elections Act 2017 but it did not decide it—and now the commission was no longer empowered to hear this case. The ECP bench said that it would decide on the maintainability of the case— before the proceedings were adjourned till Thursday.

Eyebrows were raised when elder Gilani, the joint opposition candidate of Pakistan Peoples Party (PPP) and Pakistan Democratic Movement (PDM), defeated the then Finance Minister Dr Abdul Hafeez Shaikh on Islamabad’s general seat in last year’s March 3 Senate election.

Gilani secured 169 votes while Shaikh got 164 votes and seven votes were rejected out of total 340 votes cast. PTI-led ruling coalition then had 180 seats compared to 160 seats of opposition in 342-seat NA.

A night before the Senate elections, a video of Gilani’s son, Ali, wherein he was seen allegedly buying votes in favour of his father, went viral.

Four PTI MNAs; State Minister for Information and Broadcasting Farrukh Habib, Maleeka Bokhari, Aliya Hamza Malik and Kanwal Shauzab moved the electoral body against the two Gilanis, last March.

Copyright Business Recorder, 2022