Supreme Court hears Suo Motu Case no. 3 of 2012
Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard Suo Motu Case No. 03 of 2012 (action taken upon the application of Anita Turab).
Maulvi Anwar-ul-Haq, Attorney General for Pakistan appeared on Court’s notice. Mr. Ishtiaq Ahmad, Secretary and Syed Sher Afghan, DG Election appeared on behalf of Election Commission of Pakistan. Syed Mushtaq Ahmad Shah, IGP,
Mr. Muhammad Ali Baloch, SP and Mr. Anwar Subhani, Legal Consultant appeared for Sindh police while Anita Turab (petitioner) and Ms. Waheeda Mohsin Shah appeared In-person. The bench heard the case and passed following order:-
“During the course of hearing, without prejudice to the merits of the case, it has been observed as follows:-
i). Election Commission of Pakistan (hereinafter referred to as ‘the ECP’) failed to initiate action against the incident of 25th February, 2012, wherein one of the officers posted at Polling Station No.16 of PS-53 has been assaulted along with another lady present there;
ii). No action so far has been taken by the ECP against any of their responsible officers/officials for not promptly putting the machinery of law into motion because prima facie it was the duty of the ECP though its representatives to have initiated action under the law to redress the grievance of the officers/officials posted at the said Polling Station for the purposes of bye-elections and also to ensure that no one is above the law, and in such like situation when the election process is going on to elect the representatives, the law had to be applied uniformly against all sundries; and
iii). Inspector General of Police, Sindh, being Head of Police department in the Province of Sindh also failed to ensure registration of the case promptly, although FIR has been registered on 27.02.2012 under Section 86(3)(b) of Representation of the People Act, 1976 that reads as under:-
(b) interferes with the performance of the duty of a Presiding Officer, Assistant Presiding Officer, Polling Officer or any person performing any duty at polling station; or
knowing well that prima facie interference in discharge of the duties of a public servant has been made and by assaulting her she has been publicly disgraced and defamed etc and if such situation is allowed to continue there would be no security and protection to the public servants in future, particularly, when the nation is called upon to choose its representatives.
Therefore, it is required from the Inspector General of Police, Sindh to have strictly follow the law without any discrimination and caring that whosoever is prima facie involved in the commission of crime; and
2. Ms. Waheeda Mohsin Shah, one of the contesting candidates, has appeared and sought forgiveness from the aggrieved party and this Court. It has been made clear to her that no injustice is to be done either to her or anyone else except that the law and the Constitution must be followed strictly because in such situation when a public servant, who is a servant of the State, is not protected and secured against such vulnerable action, there would be a breakdown of the good governance.
3. With the observations, noted hereinabove, we postpone the hearing of this case for 12.03.2012, enabling all concerned, including the ECP; Inspector General of Police, Sindh, and others to strictly follow the law and the Constitution and submit their reports respectively, on the next date of hearing.
4. Needless to observe, no injustice or prejudice shall be caused to either of the parties on account of the proceedings, which are pending before this Court.
5. The learned Attorney General for Pakistan shall assist the Court as to what measures are required to be adopted in future to provide protection to the public servants against such like situation.”
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