ISLAMABAD  - The Supreme Court Monday dismissed Sindh Chief Minister Syed Qaim Ali Shah's application to extend stay order, granted by Sindh High Court against the Election Tribunal order.

A three-member bench headed by Justice Saqib Nisar and comprised Justice Ejaz Afzal and Justice Athar Saeed heard the Sindh CM's application filed through advocate Khalid Javed for extension in SHC stay order.

Justice Saqib remarked it has become a trend that the candidates get stay order from high court against the Election Tribunal verdicts. Pakistan People's Party leader Qaim Ali Shah had emerged victorious on PS-29 of Khairpur. However, Ghous Ali Shah of Pakistan Muslim League-Nawaz had alleged that the PPP candidate rigged the polls to secure the victory. He had approached the election tribunal Karachi, which ordered for thumb impression verification on the ballots.

The tribunal had directed the Nadra to conduct verification of votes polled in the PS-29 of Khairpur and submit a report. Qaim Ali Shah had approached the SHC against the tribunal order, claiming that the election tribunal had allowed Ghous Ali Shah's plea for voters' verification by ignoring legal provisions.

The Sindh CM counsel informed the apex court that they had obtained stay order from SHC against the tribunal that had expired on June 23. He said they had approach the Supreme Court for extension in the stay order, granted by SHC. The bench dismissed his plea, asking him to approach the proper forum (SHC) where his appeal against the tribunal is pending.

The learned counsel told that summer vacation started in the high court, therefore, they had filed the application for the extension in stay order. Upon that Justice Saqib Nisar questioned why the Sindh chief minister did not go to the Nadra for verification of thumb impression on ballots.

Khalid Javed said the CM didn't trust Nadra, as votes' verification process there is non-transparent.

Justice Saqib asked let the Nadra report come and the election tribunal pass an order on. He said till that time they could get stay order from the Sindh High Court, while directed the SHC to dispose of Syed Qaim Ali Shah's appeal.

SC serves notice on ex-secy law

The Supreme Court Monday issued notice to the SC registrar on Yasmeen Abbassey, former federal law secretary's application.

The former judge of Sindh High Court had filed a review petition on the 31st July 2009 judgment regarding PCO judges during the tenure of former chief justice Iftikhar Muhammad Chaudhry. Justice Nasirul Mulk heard the application in his chamber and removing Registrar Office objections, issued notice to him. The registrar office has objected that former law secretary's application was time bar.

Abbassey after the hearing while talking to reporters in the Supreme Court premises said that she had filed the review application during the tenure of former Chief Justice Iftikhar Muhammad Chaudhry, but the registrar office raised objections on it. Abbasey, who was also SHC judge, said she had after removing the objections again filed the petition against 31st July 2009 judgment, but it was not entertained during the ex-CJP period. She said that the registrar unnecessarily raised objections on her application.

In her petition she had rejected the 31st July judgment and stated that the PCO judges were not granted opportunity for hearing and also a few law points were ignored. The 31st July judgment had declared all the PCO judges, appointed after 3rd November 2007 null and void.

Justice (retd) Hameed Dogar and many PCO judges had challenged the 31st July judgment but their petitions were dismissed and most of the PCO had sought apology. The case was adjourned for an indefinite period.