2003 PLP 1977 (MLD)
BASHIR HUSSAIN ‑‑‑ Appellant Versus ZAHIRUL ISLAM ‑‑‑Respondent
| Citation | 2003 PLP 1977 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | Abdur Rauf Khan Lughmani and Ejaz Afzal Khan, JJ |
| Parties | BASHIR HUSSAIN ‑‑‑ Appellant Versus ZAHIRUL ISLAM ‑‑‑Respondent |
| Primary Law | Representation of the People Act (LXXXV of 1976)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP 1977 (MLD)?
This judgment primarily cites: Representation of the People Act (LXXXV of 1976)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1977 (MLD)?
The case was heard and decided by the Peshawar bench comprising: Abdur Rauf Khan Lughmani and Ejaz Afzal Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1977 (MLD) (BASHIR HUSSAIN ‑‑‑ Appellant Versus ZAHIRUL ISLAM ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aurangzeb Khan Mughal for Appellant.
- Date of hearing: 9th September, 2002.
Headnotes / Summary
‑‑‑‑S.14‑‑‑Representation of the People (Conduct of Election) Rules, 1977, R.5‑‑‑Pakistan Army Act (XXXIX of 1952), S.59‑‑‑Penal Code (XLV of 1860), S.121‑A‑‑‑Acceptance of nomination papers‑‑‑Returning Officer accepted nomination papers of the respondent‑‑‑Respondent was convicted under S.59 of Pakistan Army Act, 1952 and also under S.121‑A, P.P.C. and was sentenced accordingly‑‑‑Conviction of respondent under S.121‑A, P. P. C. amounted to moral turpitude‑‑‑Appeal against acceptance of nomination papers was accepted and order accepting nomination papers of the respondent was set aside‑‑ Respondent was not entitled to contest the election.
Judgment & Decree
‑‑‑‑S.14‑‑‑Representation of the People (Conduct of Election) Rules, 1977, R.5‑‑‑Pakistan Army Act (XXXIX of 1952), S.59‑‑‑Penal Code (XLV of 1860), S.121‑A‑‑‑Acceptance of nomination papers‑‑‑Returning Officer accepted nomination papers of the respondent‑‑‑Respondent was convicted under S.59 of Pakistan Army Act, 1952 and also under S.121‑A, P.P.C. and was sentenced accordingly‑‑‑Conviction of respondent under S.121‑A, P. P. C. amounted to moral turpitude‑‑‑Appeal against acceptance of nomination papers was accepted and order accepting nomination papers of the respondent was set aside‑‑ Respondent was not entitled to contest the election. Aurangzeb Khan Mughal for Appellant. Date of hearing: 9th September, 2002. ABDUR RAUF KHAN LUGHMANI, J.‑‑‑Through this appeal, the appellant has assailed the order, dated. 27‑8‑2002 passed by the learned Returning Officer NA‑19 Haripur, whereby the nomination papers filed by the respondent for contesting the forthcoming general election from the Constituency of NA‑19 Haripur were accepted.
2. The respondent was convicted under section 59 of Pakistan Army Act and section 121‑A, P.P.C. and sentenced accordingly. Conviction under section 121‑A, P.P.C, definitely amounts to moral turpitude for short and simple reason that as a Member of Armed Forces he was to protect the country, but instead he was convicted under section 121‑A, P.P.C. for waging war against the Pakistan. We have already upheld the order of rejection of nomination papers of the respondent holding that his conviction fell within the ambit of moral turpitude. Accordingly, we allow this appeal, set aside the impugned order and declare that the respondent is not entitled to contest and participate in the forthcoming general election. H.B.T./909/P Appeal allowed.