Karachi Delimitation: SC disposes MQM review application
26 February, 2013
KARACHI: The Muttahida Qaumi Movement on Monday withdrew its review application against the order of the Supreme Court (SC) pertaining to delimitation of constituencies in Karachi as the Election Commission of Pakistan informed the apex court that the delimitation process could not be initiated in the absence of census.
A larger bench of the Supreme Court of Pakistan comprising Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Sarmad Jalal Usmani, Justice Gulzar Ahmed and Justice Athar Saeed on Monday resumed the hearing of Karachi law and order suo motu implementation case at the apex court's Karachi registry.
At outset of the hearing, the court decided to take up the two separate review petitions filed by MQM leader Dr Farooq Sattar against the court verdict pertaining to elimitation in Karachi.
Barrister Farogh Naseem, on behalf of petitioner Dr Sattar, submitted that the SC orders dated 26.11.2012 and 28.11.2012 issued while hearing a suo moto implementation case pertaining to undertaking exercise of delimitation of the constituencies in the city are liable to be reviewed.
He said that apex court in the Watan Party case was pleased to hold that delimitation in Karachi was to be undertaken strictly in accordance with law. To which court said that secretary Election Commission appeared before court and stated that there was no any hiccup in carrying out exercise of delimitation in the city. He conceded to expedite the exercise of delimitation in the city.
Justice Jamali remarked that the court had not passed any order in this regard but it had only observed feasibility of carrying out task.
Justice Khilji Arif said that secretary of Election Commission had agreed that the fresh boundaries of constituencies can be drawn. He said that if the secretary made wrong statement then action be made against him.
Farogh Naseem stated that he was not aggrieved by the judgment of the SC passed in Watan Party case regarding delimitation in Karachi which says that such exercise be undertaken strictly in accordance with law.
The court disposed of the MQM petition saying that the court had not passed the order in this regard so there was no question of review.
The counsel representing ECP submitted that fresh delimitation in the city without census is not possible.
The court took up the matter regarding looting and snatching incidents during traffic jams. The court observed that it had become a routine that street criminals deprive motorists and commuters of cash, cell phones and other valuables during gridlock in Karachi.
The court also came down hard on police saying that during the presence of cops street criminals loot hundreds of motorists at various key points in the city but police do not bother to track down these criminals.
IGP Sindh told the court that cops had been deployed at all such spots to avert the incidents. He said that they arrest streets criminals but after sometime they manage to come out and resume crimes. He said that if Arms License Bill was promulgated the problem to some extent would be resolved. He said that gridlocks had become regular feature in the city, which causes such incidents.
Justice Jamali remarked that record of the criminals in Sindh province was not updated. Therefore he said that 90 percent of the criminals yet again involve in crimes after they were released.
IG Sindh said that police was also working under-strength while ECP had slapped ban on the fresh recruitment. That is why he said that present police force was unable to combat incidents of lootings and snatchings. To which the court expressed extreme annoyance and asked why the provincial government did not resolve recruitment issue before the competition of the five-year tenure.
It observed that as elections are round the corner and ECP has rightly placed the ban on new recruitments.