Ghulam Shehzad Agha vs Khalid Khursheed Ss — 2024 MLD 1326 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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Ghulam Shehzad Agha VS Khalid Khursheed Ss.231 & 232(2)---anti-Terrorism act (XXXVII of 1997), S.11-EE & Fourth Schedule---Constitution of Pakistan, arts. 63(1)(g) & 63(1)(h)---Government of Gilgit-Baltistan Order, 2018, art. 51(3)---Election dispute---Disqualification from seat of Gilgit-Baltistan assembly---Duration---Petitioner assaild disqualification of respondent by Chief Court from membership of Gilgit-Baltistan assembly for remaining period of term of assembly on account of his name placed in Fourth Schedule to anti-Terrorism act, 1997---Validity---Disqualifying respondent from the seat of Gilgit-Baltistan assembly for period of remaining term of Legislative assembly did not comply with mandatory provision of S.232(2) of Elections act, 2017 [as amended vide Elections (amendment) act, 2023]---Surepme appellate Court set aside observation of Chief Court pertaining to disqualification of respondent from the seat of Gilgit-Baltistan assembly for remaining term of Legislative assembly, as period of disqualification of respondent was for five years as per spirit of S.232(2) of Elections act, 2017 [as amended vide Elections (amendment) act, 2023]---Mere placing of name of respondent in Fourth Schedule to anti-Terrorism act, 1997 could not be equated with conviction mentioned in art. 63(1)(g) and (h) of Constitution of Pakistan---Conviction was either an imprisonment or fine which was imposed after framing of charge, recording of evidence of parties and also recording stance of accused in his defence---Order passed under S. 11-EE of anti-Terrorism act, 1997 could not be equated with conviction---On mere basis of inclusion of name of petitioner in Fourth Schedule to anti-Terrorism act, 1997, it could not be held that he had worked against integrity of country or ideology of Pakistan---This was no ground for his disqualification under S.231 of Elections act, 2017---Supreme appellate Court set aside observation of Chief Court, as no act of petitioner had come within the ambit of corrupt practices---appeal was allowed accordingly.

Ghulam Shehzad Agha vs Khalid Khursheed Ss — 2024 MLD 1326 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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