ISLAMABAD: As a last resort after losing the election symbol, PTI on Tuesday filed a curative petition with the Supreme Court, seeking to overturn the Jan 13 and Oct 21 rulings that supported the Election Commission of Pakistan’s decision to deny the party its ‘bat’ symbol.

The curative petition is a final remedy that allows the SC to reconsider a dismissed review petition.

The 32-page petition, moved by Advocate Ajmal Ghaffar Toor, says the present petition has been necessitated by circumstances during the hearing and therefore based upon the principle of natural justice.

Besides the verdict is per incuriam and not a judgement at all, argued the petition, adding the petition was relying upon the Aug 22 Mubarak Ahmed Sani case in which the Supreme Court had altered its earlier decision.

Judgement was per incuriam, 32-page petition argues

The petition argues that the judgement was per incuriam, meaning it was made in ignorance of the terms of a statute or rule having the force of a statute. A decision made per incuriam can be considered a mistake and may not be binding.

The petition also relied on the Aug 22 Mubarak Ahmed Sani case, where the SC had altered its earlier decision, setting a precedent for revisiting previous judgements.

On Oct 21, the SC headed by former chief justice Qazi Faez Isa rejected PTI’s petition, seeking to revisit Jan 13 verdict in the bat symbol case.

The review petition was dismissed on the grounds that no illegality or material error in the judgement was pointed out by the petitioner.

During the case, the senior counsel Hamid Khan had pleaded before the apex court that he did not want to argue before a bench headed by a person who “harbours bias against PTI”.

It is the case of the petitioner that both judgements of Jan 13 and Oct 21 were void and non-existent in the eyes of law. The petition has raised questions of public importance with respect to fundamental rights and interpretation of the laws relating to the electoral rights of the people who were true sovereigns, by seeking to invite SC’s attention towards two of its own judgments, the curative review says.

On May 26, 2021, PTI had moved a curative review petition before the SC against Justice Isa who had won a case on a review petition. Then the curative review petition was moved against the majority order in favour of Justice Isa.

Later on July 21, 2023, ex-CJP Umar Ata Bandial rejected in chambers PTI’s curative review petition against Justice Isa whereas Justice Syed Mansoor Ali Shah in his additional note stated that a second review or a curative review or whatever given name, was not maintainable under Article 188 since this provision envisages only one-time exercise of this jurisdiction, whether made on a review petition or suo motu in respect of any of its judgments.

Now the fresh curative petition pleads that the SC judgment of Oct 21 was virtually an ex-parte order as no substantive hearing took place in view of the objections raised against former CJP Qazi Faez Isa and therefore it would serve the interest of justice that the judgement was set aside and the review petition was fixed for hearing again.

The curative review argued that both Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, who were members of the bench which heard the review petition then, signed allegedly a blatantly biased orders, dictated by then CJP and therefore they have disqualified themselves from hearing the present petition.

Published in Dawn, November 13th, 2024

• Omar Ayub, Shibli Faraz, Asad Qaiser among those detained, then released
• Party slams govt over detention of senior leaders who sought to meet Imran in prison
• Police cite Section 144 violations as basis for action

ISLAMABAD: Several PTI leaders were briefly detained on Tuesday outside Adiala Jail while attempting to meet the party’s incarcerated chairman, Imran Khan, sparking condemnation from the party.

Opposition leaders in the National Assembly and Senate, Omar Ayub Khan and Shibli Faraz, former National Asse­mbly speaker Asad Qaiser, Opposition Leader in the Pun­jab Assembly Malik Ahmad Khan Bhachar, and Sunni Itte­had Council (SIC) Chairman Sahibzada Hamid Raza were among those arrested.

The police claimed that the party leaders were arrested under Section 144 of the Code of Criminal Procedure (CrPC) but were later released with a warning.

Mr Qaiser told Dawn that PTI had approached the Islamabad High Court (IHC) after being denied access to meet Imran Khan. “The court summoned the jail superintendent, who assured us that we could meet Khan Sahib. On Tuesday, we arrived around 2pm with the court order in hand, but the jail authorities still barred our entry,” he said.

“It feels like there’s a law of the jungle in Pakistan. We were taken to a nearby police post and, after contacting others through our mobile phones, the media arrived, and we were eventually allowed to leave,” he said.

“We have decided to lodge an FIR, submit a privilege motion and raise the matter in sta­nding committees,” he added, denou­ncing the act as a violation of basic human rights and contempt of the IHC’s directive.

The PTI leaders also accused Prime Minister Shehbaz Sha­rif, Punjab Chief Minister Mar­yam Nawaz and Inspector Gen­e­ral of Police in Punjab Dr Usman Anwar for issuing ord­ers of their illegal detention.

A police official told Dawn that the PTI leaders were taken to a police post after they ignored warnings about the prohibition of gatherings due to Section 144. However, they were soon freed after being issued a warning. “If they had refused to leave, the police would have taken legal action against them,” a senior police official said.

‘Absolutely shameful’

The PTI also condemned the incident on social media.

“Absolutely shameful! Omar Ayub Khan, Shibli Faraz, Asad Qaiser, Ahmed Bhachar and Sahibzada Hamid Raza have been arrested outside Adiala Jail for simply exercising their right to meet with Imran Khan, as permitted by law. This should alarm anyone who values the rule of law, as it shows how basic freedoms are being trampled upon,” the party said on the social media platform X (formerly Twitter).

A video posted online by the party showed Omar Ayub in a vehicle with police officers nearby, and Hamid Raza being pulled aside by uniformed personnel. A police van was also visible in the video.

Later, at a press conference, Mr Faraz decried the police action, calling it a breach of constitutional rights. He said the party leaders who went to meet Imran Khan were arrested even though they did not hold any rallies or public meetings or show any aggression.

In a statement, PTI’s Central Information Secretary Sheikh Waqas Akram denounced the government’s actions as a violation of democratic freedoms and called for legal consequences for those responsible.

He denounced the government’s “disregard for the judiciary” and for allegedly committing contempt of court, urging the court to take stern measures against those responsible for violating the law.

Mr Akram said that the senior PTI leaders waited until 3pm outside Adiala Jail but were not allowed to meet Imran Khan. However, when they attempted to leave, they were taken into custody.

He said the government was “crossing all limits of barbarism and brutalities” as the PTI leaders, workers and supporters were being detained and harassed in total disregard for the law.

Maryam’s trip

Separately, the PTI lashed out at the Sharif family over Maryam Nawaz’s visit to Geneva for what the party called a “minor medical procedure”.

The party’s spokesperson accused Ms Nawaz of abandoning the residents of Punjab, who are facing severe smog, inflation and rising crime, while she seeks treatment abroad at public expense.

Mohammad Asghar in Rawalpindi also contributed to this report

Published in Dawn, November 13th, 2024

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