The Election Commission of Pakistan on Wednesday disqualified Pakistan People’s Party (PPP) MPA-elect Waheeda Shah for two years and termed her election null and void for slapping two female polling staffers.
The landmark verdict was a split decision by a five-member election commission and Chief Election Commissioner Justice (r) Hamid Ali Mirza and ECP Sindh Member Roshan Aisnai reflected the influence of PPP by opposing the ban.
“Three members of commission voted to disqualify Waheeda Shah for slapping female staffers … while two members, including CEC Justice (r) Hamid Ali Mirza and Justice (r) Roshan Aisani opposed the disqualification … but due to a 3-2 majority, the ECP disqualified Waheeda for two years,” said Afzal Khan, the ECP joint secretary, while talking to reporters. ECP member from Punjab Justice (r) Riaz Kiyani, Balochistan member Justice (r) Fazalur Rehman and Khyber Pakhtunkhawa member Justice (r) Shahzad Ali Akbar decided to disqualify Waheeda Shah.
Per decision, the PPP leader has been barred from taking part in any kind of election for a two-year period, which will end on March 7, 2014.
According to initial vote-count on February 25, 2012, Shah was declared the winner from PS-53 Tando Muhammad Khan, Sindh. However, following the slapping incident, the ECP had withheld official result of the constituency and ordered the registration of an FIR against her.
Later, Chief Justice of Pakistan Justice Iftikhar Muhamamd Chaudhry also took suo motu notice of Waheeda’s act.
The ECP joint secretary said the commission also directed Sindh inspector general of police for taking disciplinary action against DSP Irfan Shah and other police officials, who despite their presence on the scene, remained silent over Shah’s misbeahaviour. Shah was caught on camera while mercilessly slapping two female staffers in presence of police officials inside a polling station. Her rival candidate Mushtaq Talpur later filed a petition with the ECP challenging the PS-53 election. In his petition, Talpur levelled 19 allegations against Waheeda Shah, including slapping two female polling staff. He had also pointed out 11 polling stations where violence and rigging allegedly took place.
The other day, the ECP had completed the hearing on the petition and reserved its decision. During the hearings, Waheeda’s counsel Mustafa Safvi sought apology on behalf of his client for the incident.
A senior ECP official said Shah may also face a jail term as an FIR under section 186 (for obstructing public servant in discharge of public functions) had already been registered against her with the Tando Muhammad Khan police station. He said per law, the accused could face three months in prison.
Mustafa Safvi, counsel for Waheeda Shah, said his client had a constitutional right to file an appeal with the Supreme Court against the ECP decision. When asked whether his client would appeal the decision, he said “it is yet to be decided”.
good…. something is better than nothing…
Good…atleast an example is created for others
2 years is Darn less she needs to be ban for 10 years
No custodial sentence for slapping a judicial officer?
banned and also should b slapped in the same manner or be prisoned for at least three months…
First let me thank the three EC members who voted for disqualifying waheeda shah for two years. Second let me condemn the chief EC and the member from sindh for voting against the ban. These two members are a disgrace to their profession (justice) and probably bribed their way into judiciary to begin with. If they could not see that implications of waheeda shah’s action then I wonder about all the cases they may have heard during their time on the bench and wonder how much bribes they took and how many people were affected by their wrong verdicts. May ALLAH punish them and their families for all their wrong deeds.
I commend the three justices for their bold and fair vote and want them to know that they have done a bigger favor to the nation than they would ever realize. May ALLAH bless them and their families. Thank you.
Does not matter. The practice is family should be in politics. Some other member of family say son, daughter in law will get the ticket from PPP (in thiscase) and the voters, educated or illiterate, will again succeeded this family
Oh no plz she is a widow she has got the right to slap any one : ppp
Imran – this is definitely a popular decision. But i am not too sure if it is legal. Does slapping someone attract such punishment. If that is the case then half of the lawyer community should be barred from practicing law for two years for slapping police officials and judges.
The commission should add fine of atleast 10 million pluss all government expences occoured on that election and expences for holding this hearing. they should add in their verdict that all other contesting candidates can launch a case angaist her for recovery their money they spent on that election for electioneering.
IMAO slapping and humiliating two female polling officers so arrogantly and repeatedly should incur the legal punishment for what used to be called “common assault”, the maximum I believe is six months imprisonment although 3 days for the slapper would satisfy the public thirst for justice which I share
As far as the lawyer community goes, more than half should be behind bars permanently, a few should be strung on the gallows
On the broader point, Hassan, I agree with you that the mob or “public pressure” should not prompt or have any affect on the judicial process. I was waiting for you to yourself make the point 😉
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