The Sindh High Court (SHC) has transferred a constitutional petition to its two-member bench seeking action against Tahirul Qadri, the MQM chief and its 50 parliamentarians for expressing blasphemous remarks and inflaming turmoil in the country.
The SHC bench comprising Chief Justice Mashir Alam and Justice Sadiq Hussain Bhatti took up for hearing a miscellaneous and constitutional petition filed by Amir Haji Gul Ahmad of Anjman Islami Islah Barai Muashra on Friday seeking action against Dr Tahirul Qadri, Altaf Hussain and MQM’s 50 members of national and provincial assemblies for their alleged involvement in a US conspiracy to stir up anarchy in the country and uttering remarks in a blasphemous remarks in a public meeting.
Deputy Attorney General (DAG) Miran Muhammad Shah and standing counsel Dilawar Hussain Shah appeared on behalf of the government in the court. They objected that these petitions fall in the jurisdiction of federal shariah bench.
The petitioner said he was presenting all the laws wherefrom it becomes crystal clear that these petitions fall under the jurisdiction of SHC. It is evident from article 2-A of the constitution and supreme appellate bench verdict, page No 315 of PLD 1987, and page No 51 of FSC-1988, decision of shariah court that the high court is competent to annul any un-Islamic law or act.
“As in this constitutional petition my fundamental right is being encroached upon. I can not contest elections being un-Islamic oath enshrined in election nomination form. The supreme court had issued orders for rectifying the voters’ lists and it did not say that parliamentarians who had been elected on the basis of fake votes were authorised to run assemblies. Therefore, it is my stance that all the salaries and perks received by these parliamentarians be recovered from them for the entire period from the date of their election up till now and deposited into national exchequer as they are trust of the nation”, he pleaded.
Syed Abdul Wahid appeared on behalf of Jamat-e-Islami who supported the plea taken by the petitioner.
The petitioner also took the plea that MQM and Pakistan Awami Tehreek both are registered with election commission. They expressed blasphemous remarks in a public meeting but the election commission did not take any action against them under constitution, which is a mater of grave concern for every Pakistani.
The parties in this case include federation of Pakistan, national assembly speaker, senate chairman, chief election commissioner, leader of the opposition, PPP, PML-N, PML-Q, Jamaat-e-Islami, MQM and others.
