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Petitioner: BASHIR HUSSAIN VS Respondent: ZAHIRUL ISLAM
Court Name: Peshawar High Court Judge(s): Ejaz Afzal Khan, Abdur Rauf Khan Lughmani Title: BASHIR HUSSAIN vs ZAHIRUL ISLAM Case No.: Election Appeal No,66 of 2002 Date of Judgment:2002-09-08 Reported As: 2003 MLD 1977 Result: Appeal allowed
Judgment ORDER ' ABDUR RAUF KHAN LUGHMANI, J.---Through this appeal, the appellant has assailed the order, dated 27-8-2002 passed by the learned Returning Officer NA-I9 Haripur, whereby the nomination papers filed by the respondent for contesting the forthcoming general election from the Constituency of NA-19 Haripur were accepted. 2. The respondent was convicted under section 59 of Pakistan Army Act and section 121-A, P.P.C. And sentenced accordingly. Conviction under section 121-A, P.P.C. Definitely amounts to moral turpitude for short and simple reason that as a Member of Armed Forces he was to protect the country, but instead he was convicted under section 121-A, P.P.C. For waging war against the Pakistan. We have already upheld the order of rejection of nomination papers of the respondent holding that his conviction fell within the ambit of moral turpitude. ' Accordingly, we allow this appeal, set aside the impugned order and declare that the respondent is not entitled to contest and participate in the forthcoming general election.