ISLAMABAD - The Islamabad High Court (IHC) Tuesday turned down a petition seeking to quash disqualification case against former president Asif Ali Zardari’s sister Faryal Talpur in the Election Commission of Pakistan (ECP).
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition filed by Faryal Talpur and dismissed the same.
The IHC bench noted its verdict that this Court is satisfied that no interference is required with the well-reasoned order, dated 08-02- 2021, passed by the ECP and, therefore, the petition is accordingly dismissed.
Justice Athar observed that it is an admitted position that the joint petition filed by the respondents was dismissed for non-prosecution vide order dated 14-01-2020 and on the said date a written reply was filed on behalf of the petitioner. However, neither the respondents nor an authorized representative were present and, therefore, the joint application/petition was dismissed for non-prosecution vide order dated 14-01- 2020.
The bench added that the petitioner filed an application for recalling of order dated 04-03-2020. It further said that a careful perusal of the impugned order shows that the learned Commission after affording a reasonable opportunity of hearing had dismissed the application. Moreover, the application seeking restoration was filed within the limitation period. The learned Commission was also satisfied that the reasons mentioned in the application seeking restoration of the dismissed application/petition constituted sufficient cause for non-appearance.
According to the IHC bench’s judgment, the petitioner herself had approached the Commission seeking recalling of the order dated 14-01-2020. She had, therefore, created an opportunity for herself to raise all the grounds necessary to support her prayer regarding recalling of the order, dated 14-01-2021. It is obvious from the impugned order, dated 08-02-2021, that proper opportunity of hearing was afforded by a Bench of the Commission consisting five learned Members.
In her petition, the petitioner’s lawyer had contended that the ECP had opened the disqualification case against Talpur on the applications of MPAs Arslan Taj and Rabia Azfar. The ECP had already dismissed this case due to non-pursuance by the complainants, he added. The petition prayed to the court to declare the ECP decision dated February 8, as null and void, and stopped its proceedings against his client’s disqualification.
The petitioner said that the political opponents were fabricating baseless cases against her as she was the sister of former president. Talpur said that the two MPAs had moved applications to Sindh Assembly speaker which was dismissed later. She added that the ECP had no authority to hear the case against the speaker’s decision.
The two PTI leaders Arsalan Taj and Rabia Azfar had moved the petition in the ECP seeking disqualification of Talpur as member of the provincial assembly over allegedly concealing her assets. They stated that the Pakistan Peoples Party leader should be disqualified under Article 62 of the Constitution as she failed to declare details of her assets before the ECP, which means she is no longer ‘Sadiq and Ameen.’
Faryal Talpur owned properties in Larkana and Shahdadkot, the petitioner stated. They added that Talpur had been nominated in a case pertaining to billions of rupees corruption through fake bank accounts. They pleaded that she should be disqualified as a member of the Sindh Assembly.