2008 PLP 508 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.

This petition has been filed to challenge the judgment of the High Court, dated 15th August, 2005. Relevant paras. therefrom are reproduced herein below:-- "(5) Learned Standing Counsel for the Federation of Pakistan has produced a Memo. issued by Election Commission of Pakistan, whereby it had directed the Returning Officers and others that members of banned organizations (list of which was provided) should not be allowed to take part in the election. Learned Additional Advocate-General also submitted record, according to which, name of Imran Nawaz son of Muhammad Nawaz/respondent No.3 herein, was included in the 4th Schedule to the Anti-Terrorism Act, 1997 and it was also reported that he was active member of a banned organization. (6) Provisions of clause (r) of subsection (1) of section 152 of the Punjab Local Government Ordinance, 2001 are attracted to the case of respondent Imran Nawaz. According to the record and Notification/directive issued by the Election Commission of Pakistan, he was not eligible to take part in the Election."

2. Learned counsel for the petitioner contended that no acceptable evidence is available on record to disqualify the petitioner in terms of section 152(1)(r) of Punjab Local Government Ordinance, 2001 for contesting the election of Nazim from Union Council No.119, Pasrur-I, Sialkot. She stated that a list containing the names of office bearer of a banned religious organization in which petitioner's name is mentioned to be the General Secretary of "Jaish Muhammad" is not authentic document, similarly the report sent by DIG to Election Commission, dated 30th July, 2005 cannot be believed as well for the purpose of disqualifying him for contesting Election.

3. On the other hand learned counsel for the caveator contended that the High Court had non-suited the petitioner to contest the election after taking into consideration the record made available as it is evident from the perusal of the impugned judgment.

4. Learned Additional Advocate-General supported the judgment and stated that according to the record maintained by the Home Department the list in which name of the petitioner is mentioned to be the General Secretary of `Jaish Muhammad' an organization which was banned according to the 4th Schedule to the Anti-Terrorism Act, 1997 is authentic one.

5. We have heard the parties' counsel and have also gone through the impugned judgment, relevant para. therefrom has been reproduced herein above. In view of the contents of the judgment the name of the petitioner is included in the list of the banned religious organization as per 4th Schedule to the Anti-Terrorism Act, 1997, mentioned by I.-G. Home Department admits no interference in these proceedings under Article 185(3) of the Constitution of the Islamic Republic of Pakistan therefore, we have no reasons to disagree with the view point recorded by the learned High Court.

6. Thus petition is dismissed and leave refused. S.A.K./I-3/SC Leave refused.