PHC orders NA Speaker, ECP to submit reply

Humayun Khan
PESHAWAR: A divisional bench comprising of Chief Justice Peshawar High Court (PHC) Justice Qaiser Rashid and Justice Ijaz Anwar sustained status quo writ against by-polls scheduled on 16th and 19th March while ordered Speaker National Assembly and Election Commission of Pakistan (ECP) to submit reply within week, on Tuesday.
PHC has turndown Speaker National Assembly request regarding provision of 15 days for submission of reply while Chief Justice Qaiser Rashid observed that Speaker should engage another lawyer because court cannot leave the instant petition unheard due to counsel foreign trip.
The court further observed that PHC will decide the petition on available record if Speaker National Assembly in submission of reply in this regard. During hearing Barrister Gohar for Sher Ali Arbab and Imran Khattak while Section Officer on behalf of Speaker National Assembly appeared before court. Pakistan Tehreek-e-Insaf (PTI) lawyer Barrister Gohar Khan argued that Speaker National Assembly has accepted resignation without approval while party demanded to accept 123 resign as a whole but this demand didn’t fulfill by Speaker.
The counsel added that PTI has decided to return to National Assembly following new developments on 14th January and requested for postponement of by-elections. He argued that Islamabad and Lahore High Courts had already granted status-quo in this regard.
Barrister Gohar added that one member of PTI approached Islamabad High Court while his notification was suspended but Speaker didn’t allow him to participate in the National Assembly session. Section Officer requested PHC for provision of further time up to 15 days for submission of reply because Speaker’s lawyer is aboard while Chief Justice remarked that court should provide seven days for comments and observed that Speaker may engage another counsel in the case.
The divisional bench comprising of Chief Justice PHC Justice Qaiser Rashid and Justice Ijaz Anwar ordered Speaker National Assembly and ECP to submit comments within seven days otherwise court will decide the petition on available record while adjourned further hearing till 15th March.