The Supreme Court on Wednesday dismissed the case against alleged rigging in the recently held general elections after seeking damages worth Rs500,000 from the petitioner.
A three-judge bench of the Supreme Court, headed by Chief Justice of Pakistan Qazi Faez Isa, heard the petition. Other members of the bench included Justice Muhammad Ali Mazhar and Justice Musarrat Hilali.
As the court started the hearing, it noted the absence of the petitioner, Brigadier (retd) Ali Khan, from court proceedings yet again.
The additional attorney general told the court that despite the police going to the residence of Ali Khan and a notice being sent through the Ministry of Defense, he could not be reached, as he was not found home. A notice had been affixed to his residence's gate, he added.
CJP Isa then asked who the petitioner, Ali Khan, was and was told by the additional attorney general that he was a former brigadier who faced a court-martial in 2012. At this point, PTI leader Shaukat Basra was denied the opportunity to address the court when he came to the rostrum.
The apex court then dismissed the petition, imposing damages of Rs500,000. It also issued a directive urging the state to ensure that individuals who have faced court-martial proceedings, like Ali Khan, refrain from using military ranks such as brigadier.
The court also received an email from petitioner Ali Khan, indicating his presence abroad and explaining his absence from the hearings. "The petitioner did not provide a reason for his sudden departure abroad," the Supreme Court noted, questioning if it was a conspiracy against the country.
"The state should look into this matter," CJP Isa remarked, and told the additional attorney general that until the court noticed, he did not tell them the petitioner had been court-martialed.
The CJP also expressed anger at the conduct of PTI leader Shaukat Basra. who had sought permission to speak on the issue. Basra said he was a high court lawyer and an elected member of the National Assembly from Bahawalnagar.
On Basra's conduct, the court called the Supreme Court Bar Association (SCBA) president to the rostrum and said the former wanted to make a speech. "What should be done against him? Should his case be sent to the bar?" the CJP asked.
The SCBA president told the court to pardon Basra as he had nothing to do with this case. "If you say so, we will let him go," CJP Isa remarked, warning that if Basra discussed the case after leaving the building, he should be prepared.
When Basra repeatedly insisted on speaking, he was warned that orders would be issued to cancel his high court practice license, as well as a notice of contempt of court issued to him. "What is your connection to this case?" the CJP asked.
Basa said he was not related to the case but had the holy Quran in hand and wanted to swear by it. "Do not do this, otherwise, you will be notified for contempt of court," CJP Isa warned, ordering him not to make a speech in court and listen to them first. "You have completely abandoned morality."
CJP Isa warned that the next time he did this, the matter would be referred to the Bar for revocation of his lawyer's license, adding that everyone had made a mockery of the Supreme Court.
Order of the day
In its order for the day's proceedings, the court noted that it received petitioner Ali Khan's email, wherein he said he was abroad. The petitioner also apologized to the court, but did not state the reason for his sudden departure, the order said.
The additional attorney general said Ali Khan had been court-martialed and also imprisoned for five years. Ali Khan did not disclose these facts in his application, the order stated, observing that it seems the petitioner left the country after having the news broadcast in the media. "It seems the petitioner is acting against national interest," the court noted.
The SCBA president sought dismissal of the petition with damages of Rs1 million, however, the petitioner is ordered to pay Rs500,000 damages and the petition dismissed, the order noted.
It further said the state should ensure that a court-martialed person does not use rank. The only way to destroy a country is to destroy its institutions. “There are some institutions only, the parliament, Supreme Court and two three other institutions,” the CJP observed.
Justice Muhammad Ali Mazhar observed that the petitioner claimed he did not speak to any media channel nor shared the petition. “Now the media will not run that the brigadier was court-martialed,” CJP Isa remarked.
It was reported that a meeting of judges had been held, he further stated, adding that judges could not hold press conferences and offer explanations.
“Genuine journalists were losing their jobs,” the CJP remarked, adding that conscience were sold on everything and anything was run just by sitting at home. “Here, the media only cares about its rating,” the chief justice observed, adding that the media’s only job these days is to run fake news and get ratings.
“The media can make a mistake, but then explain that the news was wrong,” the CJP observed, adding that if the media runs 10 fake news, people will stop trusting them. “Now look at this petitioner who filed the petition and went abroad,” he added.
He also noted the misconduct of Shaukat Basra and said he did not even apologize to him.
SCBA President Shaukat Basra said there was never so much transparency in the Supreme Court until the arrival of Chief Justice Qazi Faez Isa.
