The Supreme Court will today take up hearing of a suo motu case initiated after the Election Commission (EC) and Sindh Police failed to act against Waheeda Shah, the PPP leader who slapped a female polling staff member in Tando Muhammad Khan during the recent by-election. The three-member bench comprises Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez. The EC secretary, Sindh police chief, attorney general will appear on notice. The court took suo motu notice of the incident on an application filed by Anita Turab, an officer of the District Management Group.
In the last hearing, EC Secretary Ishtiaq Ahmad informed the court that he had issued verbal orders to the returning officer concerned to hold an enquiry within a week, and an FIR had been registered against Waheeda under Section 86(3)(b) of the Representation of People Act at the Tando Muhammad Khan Police Station. The EC secretary further stated that both the parties had been summoned and explanation had been sought from police.
Waheeda had sought forgiveness from the court and the aggrieved party, but the bench declined to accept her plea. While apologising, she had said that whatever happened on February 25 was unintentional and occurred at the spur of the moment “in circumstances beyond human control”. But the court said the issue had become a state matter and assured her that no injustice would be done to anyone.
“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 good governance”, the court remarked.
Anita Turab had also complained that civil servants like her could be fired from service or transferred when they did not accede to the demands of the government or of legislators. She had asked if they were servants of the state or of the governments. The chief justice told her that the Supreme Court had given protection to civil servants in various cases and being servants of the state they needed to obey only legal orders in accordance with the rules.
The court said that Sindh police chief Syed Mushtaq Ahmad had also failed to ensure prompt registration of the case, although an FIR had been lodged on February 27. Later the court had postponed further hearing for today (Monday) to enable the ECP, the inspector general and others to submit reports.
Meanwhile, on March 7, the ECP disqualified Waheeda from contesting election for two years. The commission also nullified the result of the election for the PS-53 seat which Waheeda had won.
The PPP candidate will not be able to contest any election till March 6, 2014, unless the Supreme Court overturns the EC’s decision. A date for a fresh election for the Tando Muhammad Khan seat would be announced soon.
SC resumes hearing of Waheeda Shah’s case today
