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AMMAR BASHIR vs IRFAN SHAFI KHOKHAR Ss — 2025 PLD 679 SUPREME-COURT

Case information

Citation
2025 PLD 679 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
AMMAR BASHIR vs IRFAN SHAFI KHOKHAR Ss
Subject matter
Criminal
Provisions referred to
Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AMMAR BASHIR VS IRFAN SHAFI KHOKHAR Ss. 143, 144 & 155---Civil Procedure Code (V of 1908), O. VI, R. 15---appeal---Election petition---Verification process---absence of deponent---Phrase "declared on oath before me" on rubber stamp of Oath Commissioner---Effect---appellant was aggrieved of dismissal of his election petition wherein election of respondent/returned candidate was assailed---Objection to election petition was appellant's failure to comply with verification procedures mandated by Order VI, Rule 15, C.P.C. which was a fundamental requirement as stipulated in section 144(4) of Elections act, 2017---Validity---There were significant discrepancies in rubber stamp affixed by the Oath Commissioner regarding presence of appellant during the verification process---appellant was not physically present at the time the verification occurred, primarily because he was not identified by any person nor by his Computerized National Identity Card---Stamp failed to provide clarity on the specific location and circumstances under which the oath was administered, thereby raising further questions about validity of proceedings---Phrase "declared on oath before me," inscribed in the stamp, lacked necessary specificity and was inherently ambiguous---Rubber stamp did not clarify what specific declaration was made under oath, nor did it confirm whether contents of verification were indeed presented as sworn testimony before Oath Commissioner---Such ambiguity fundamentally undermined assurance required for proper attestation of verification---Verification of election petition did not adhere to legal standards set forth by Supreme Court---Election Tribunal had thoroughly examined the election petition and reached a well-founded decision to reject the same---Supreme Court declined to interfere with the order passed by Election Tribunal---appeal was dismissed.

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