SHC adjourns Sharmila’s petition against her disqualification

Author: Yousaf Katpar

KARACHI: The Sindh High Court adjourned the hearing of a petition of Pakistan People’s Party’s lawmaker Sharmila Farooqi against the National Accountability Bureau for asking the Election Commission of Pakistan and the Sindh Assembly to disqualify her for having been convicted by a court.

A division bench headed by Justice Muhammad Farooq Shah expressed displeasure over the absence of the federal law officer and directed him to ensure his presence on the next hearing.

The hearing was put off Dec 14.

Sharmila Farooqi through her lawyer has submitted that NAB had filed a reference against her father, who was former Steel Mills chairman, mother and her for investing a huge amount in national saving schemes which did not commensurate with their known sources of income. However, they later entered into a plea bargain with the NAB which was allowed by the relevant court in 2001.

She said that in 2016, the NAB had written to the ECP, the State Bank of Pakistan and others calling for her disqualification under the Section 15 of the Ordinance.

In response to the court notice, the NAB prosecutor had filed comments, submitting that Farooqui cannot hold any public office since she has been convicted by a court of law. “Letters to the Sindh Assembly and the ECP seeking her disqualification were written strictly in accordance with the law.

Subsequently, her counsel filed a rejoinder contending that under Section 9 and 17 of the Ehtesab Act, there is no disqualification for a person holding public office after he or she has entered into plea bargain.

“Under no circumstances, Section 15 of the National Accountability Ordinance 1999, which provides that a person stands disqualified for holding public office for 21 years after having been convicted by a court cannot be applied in her client’s case,” he argued.

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