The Supreme Court expressed its displeasure on Monday after a petitioner, Brig (retd) Ali Khan, failed to show up for the hearing after moving the apex court for annulment of the February 8 elections. 

A three-member bench, led by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the petition.

“Is this a joke? File a petition and then do not appear,” said Justice Isa following the petitioner’s no-show and directed the concerned area police official to inform the Khan. 

The court also directed the SC Office and the Registrar’s Office to contact the petitioner via telephone and inform him. However, the apex court staff informed the CJP that the order can not be complied with as Khan’s cell phone was switched off. 

“Are these petitions filed for fame, reveal the petition before the media and then disappear? But, we will hear the case and produce the petitioner. The case will be heard.”

Justice Muhammad Ali Mazhar then stated that the Registrar’s Office had raised objections. “Applications are filed all over the world, call the petitioner and talk to the concerned SHO, what is the case then? It is not a joke.”

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The court staff again informed the bench that court officials even went to the petitioner’s residence, but did not get any response. 

The court then issued a written order, stating that the application was filed on February 12, while it appeared in electronic and print media before filing. It added that the Registrar’s Office also raised objections to the application, but considering the importance of the case, the application was fixed for hearing with objections.

“The petitioner after gaining maximum fame by filing the petition filed another application to withdraw the petition. A notice was sent to the residential address mentioned in the petition but was not received, no one replied to our phone calls and no one appeared during the court proceedings today,” the order said.

It further stated that although the petitioner has the right to withdraw the petition, the petitioner, however, exploited the situation for his benefit by filing the withdrawal application. The court cannot allow such tactics, and therefore gives another chance to the petitioner, it added.

The court observing the petitioner as an ex-brigadier, ordered the concerned SHO and the Ministry of Defence to issue the notice.

The hearing of the case was then adjourned till Wednesday, February 21.

Brig (retd) Khan sought a declaration that the February 8 elections were rigged, urging for a fresh round of general elections.

He lodged a three-page constitution petition under Article 184 (3) of the Constitution, while the SC Registrar’s office raised objections regarding the petition’s maintainability.