ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Petition No.D-724   of  2022.

Before:

Mr. Justice Adnan-ul-Karim Memon,

Mr. Justice Abdul Mobeen Lakho,

Petitioners                   :           Niaz Ali Buriro & others.

Respondents               :           District Returning Officer, Dadu & others.

Mr. Sajid Ali Gorar, advocate for the petitioners.

Mr. Abdul Hamid Bhurgri, Addl. Advocate General. 

Mr. Mohammad Imran Abbasi, Asst. Attorney General, along with Zeeshan Hyder Qureshi, Law Officer, Election Commission of Pakistan.

Date of hearing          :           20.07.2022.

Date of order  :           20.07.2022.

O R D E R

ADNAN-UL-KARIM MEMON, J.-           The petitioners are seeking direction to the Election Commission of Pakistan to deploy law enforcement personnel inside and outside the polling stations on the day of polls scheduled on 24.7.2022  just to ensure the holdingof the ensuing election process,  peaceful.

2.         On query posed as to how a Petition of such general nature could be entertained, learned counsel replied to the query and submitted that the Election Commission of Pakistan must ensure peaceful election in Sindh Province; he, however, added that the Sindh police had completely failed in maintaining law and order and ensuring the safety of citizens and it was obvious from the rising incidents of heinous crimes in the earlier election process conducted, in which innocent people had lost their lives. He further alleged that the Sindh Police was/is reserved only for the security of Government functionaries while personnel police are silent spectators protecting robbers and snatchers who were/ are roaming freely to target law-abiding citizens. He further added that political interference in the election process had rendered the civilian law enforcement agency ineffective and the law and order situation in the province was/is completely out of control. He also placed reliance on an order made by a learned Division Bench of this Court at Sukkur in Constitutional Petition No. D-857 of 2022 based on a statement by the Law Officer of the Election Commission of Pakistan that the personnel of law enforcement agencies would be deployed for purpose of maintaining law and order and security during the election.

3.         Mr. Zeeshan Hyder Qureshi, Law Officer, Election Commission of Pakistan has submitted that the Election Commission of Pakistan has already taken care of the situation and has directed the law enforcement personnel to do the needful under the law.

4.         We have heard the learned counsel for the parties and perused the record with their assistance.

5.         Primarily, the Petitioners are aspiring candidates in the forthcoming local body election scheduled to be held in the Province of Sindh on 24.7.2022 and are seeking general directions to the official respondents for conducting a free and fair election whilst maintaining law and order on the day of the polls to provide a conducive environment for facilitating the electoral process.

6.         Under the given circumstances and in wake of the aforementioned order already made in the earlier Petition, no further directions are required as it appears that said order covers the apprehension of the Petitioners. However, it is made clear that the SSP concerned area shall co-ordinate with the Election Commission of Pakistan to ensure no law and order situation is created in the ensuing election process.

7.          The Petition thus stands disposed of in terms of the statement of the Law officer of the Election Commission of Pakistan.

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