Senator Rind disqualified

QUETTA Balochistan High Court has permanently disqualified Senator Muhammad Ali Rind to hold public office of Senate as he had concealed the fact in nomination forms that he was convicted in corrupt practices and misappropriation of public property. A Division Bench of Balochistan High Court comprising Chief Justice Qazi Faez Essa announced the verdict here on Thursday. Mir Muhammad Akram Baloch, a former Information Minister of Balochistan, had filed the petition in Balochistan High Court in October 2009 in which it was stated that Mir Muhammad Ali Rind could not be elected as Senator as he had been convicted and disqualified for a period of 10 years in two different cases. The petition was filed on October 14th, 2009 and for almost two years Rind managed to avoid notices. Notices were also issued to Rind through the Senate Secretariat, but the same could not be served on the pretext that he was on leave or that the Senate was not in session. Eventually notices were published in three daily newspapers compelling Rind to finally emerge from the shadows and on July 28th, 2011 he appeared in court, but stated that he did not have a copy of the petition, which was provided to him in court, and he sought time, which was granted by learned court. However, the respondent filed a counter affidavit and did not deny the contents of the petition. Rind was convicted in two criminal cases. The Accountability Court Balochistan Quetta, under Section 10(a) of the National Accountability Ordinance, 1999 convicted him for three years rigorous imprisonment and fine of Rs 900,000 and in default of payment of fine for further imprisonment of one year while in Reference No. 3/2000 in the Accountability Court Balochistan, Quetta, under section 10(a) of the Ordinance and convicted for nine years rigorous imprisonment and fine of Rs 30,000,000 and in default of payment of fine for further imprisonment of three years. In both cases, Muhammad Ali Rind was disqualified for 21 years from taking part in any national, provincial and Local Bodies elections and further barred to hold any public office. He, however, did not contest the appeals and instead entered into plea-bargaining with the prosecution, the National Accountability Bureau (NAB). NAB accepted the plea-bargaining request of Rind upon deposit of the said amounts Rs 900,000 and Rs 30,000,000 and subsequently two applications submitted respectively in Ehtesab Appeal and were accepted and the sentence awarded to Rind in both cases was reduced to that already undergone and the bar to contest elections or to hold public office for 21 years was reduced to 10 years. The court confirmed that Rind paid the said amounts on June 18th, 2001. Rind had attempted to contest the 2008 elections despite his convictions and disqualifications, but was found out and stopped. Despite being disqualified for a period of 10 years, he again submitted a nomination form on February 2009 for Senate Elections of 2009. In nomination form he audaciously declared on oath that he was not convicted in any criminal case. He further declared on oath that: 'I fulfill the qualifications specified in Article 62 of the Constitution and I am not subject to any of the disqualifications specified in Article 63 of the Constitution or any other law for the time being in force for being elected as a member of the Senate. The court observed Rind had manipulated his position for personal benefit and committed crimes. He did not stay away from public office, as the law required, but proceeded to file a false nomination form to again acquire it, the court stated. 'Ethically, morally and Constitutionally he betrayed himself and the people of Pakistan. 'Consequently this court is left with no option but to declare that Rind cannot hold the public office of Senator under Article 62 (1) (d) and (g) Article 63 (1) (h) of the Constitution of Pakistan, court said. The court further declared that Rind is also permanently disqualified to be elected or chosen as, and from ever being a Member of Parliament. The Court further directed that since Rind was not qualified to seek the office to Senator he is further directed to surrender to the Government of Pakistan or the Government of Balochistan as the case may be, all payments and benefits received by him or spent on his behalf when he acted as Senator, including salary, rent, travelling allowance and daily allowance. In case he fails to do so requisite action by the concerned government to be taken against him. The government will also be within its rights to prosecute Rind for the filing of a false nomination form. The court also directed to pay the cost of the publications made to effect service upon him to Director General Public Relations and also pay the petitioners Rs 20,000.