Pak SC dismisses plea seeking annulment of Feb 8 general elections over allegations of rigging
Islamabad (PTI): Pakistan's Supreme Court on Wednesday dismissed as a "publicity stunt" a petition seeking new elections over alleged irregularities in the February 8 polls, clearing the way for the formation of a coalition government to end the political uncertainty in the country.
The apex court also imposed a fine on the petitioner, a former army officer, over his failure to appear before the court.
Retired Brigadier Ali Khan last week urged the apex court to order new elections within 30 days to be held under the direct supervision and oversight of the judiciary "to ensure fairness, transparency and accountability". He had also sought a stay order to stop the formation of a new government till the case was decided.
However, the petitioner failed to attend two consecutive hearings. Subsequently, a three-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, and comprising of Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, disposed of the plea and imposed a fine of Pakistani Rs 500,000 on the petitioner after being informed that a notice had been served to him appear in the court.
Earlier, the court was informed that Ali was a former Brigadier who had been tried in a court martial in 2012 and dismissed from service. The chief justice read aloud an email sent to the top court by the petitioner, in which he had stated that he was abroad and had requested to withdraw his petition.
Calling it a "publicity stunt", CJP Isa observed that Brig (retd) Ali Khan had stated he could not appear before the court as he was in Bahrain.
"He is a strange person; people buy a return ticket due to it being cheaper but he booked a one-way ticket. It seems that Ali Khan had done a publicity stunt by filing a petition before the Supreme Court," the CJP was quoted as saying by the Dawn newspaper.
Meanwhile, in a breakthrough that could end the political uncertainty in Pakistan, the Pakistan Muslim League-Nawaz and the Pakistan Peoples Party have agreed on a power-sharing deal to form a new coalition government after intense negotiations following a fractured poll verdict.
In a joint news conference late Tuesday night at Zardari House here, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari announced that Pakistan Muslim League-Nawaz (PML-N) president Shehbaz Sharif, 72, will assume the role of the prime minister once again. Similarly, PPP co-chairman Asif Ali Zardari, 68, will be the joint candidate for the president's office.
The February 8 elections have been controversial with several serious allegations of widespread rigging to alter the results.
A Pakistan high court on Monday suspended the result of three constituencies in the federal capital after the success of the three candidates was challenged. The three losing candidates, who were backed by Pakistan Tehreek-e-Insaf of jailed former prime minister Imran Khan, had petitioned in the Islamabad High Court, alleging manipulation of the results.
On February 17, former Rawalpindi Commissioner Liaquat Ali Chattha alleged that the chief election commissioner and the chief justice were involved in poll-rigging in the recent election as he resigned from his post, taking the "responsibility for all this wrongdoing".
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Deep societal faultlines persist despite 75 years of independence: Justice Ujjal Bhuyan
Judge cites denial of home to Muslim girl, opposition to Dalit women cooking mid-day meals
Hyderabad, February 23, 2026: Supreme Court judge Justice Ujjal Bhuyan has said that despite repeated affirmations of constitutional morality by courts, deep societal faultlines rooted in caste and religious discrimination continue to shape everyday realities in India.
Speaking at a seminar on “Constitutional Morality and the Role of District Judiciary” organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad, Justice Bhuyan reflected on the gap between constitutional ideals and social practices.
He cited a recent instance involving his daughter’s friend, a PhD scholar at a private university in Noida, who was denied accommodation in South Delhi after her surname revealed her Muslim identity. According to Justice Bhuyan, the landlady bluntly informed her that no accommodation was available once her religious background became known.
In another example from Odisha, he referred to resistance by some parents to the government’s mid-day meal programme because the food was prepared by Dalit women employed as cooks. He noted that some parents had objected aggressively and refused to allow their children to consume meals cooked by members of the Scheduled Caste community.
Describing these incidents as “the tip of the iceberg,” Justice Bhuyan said they reveal how far society remains from the benchmark of constitutional morality even 75 years into the Republic. He observed that while the Constitution lays down standards of equality and dignity, the morality practised within homes and communities often diverges sharply from those values.
He emphasised that constitutional morality requires governance through the rule of law rather than the rule of popular opinion. Referring to the evolution of the doctrine through judicial decisions, he cited Naz Foundation v Union of India, in which the Delhi High Court read down Section 377 of the Indian Penal Code, holding that popular morality cannot restrict fundamental rights under Article 21. Though the judgment was later overturned in Suresh Kumar Koushal v Naz Foundation, the Supreme Court ultimately restored and expanded the principle in Navtej Singh Johar v Union of India, affirming that constitutional morality must prevail over majoritarian views.
“In our constitutional scheme, it is the constitutionality of the issue before the court that is relevant, not the dominant or popular view,” he said.
Justice Bhuyan also addressed the functioning of the district judiciary, underlining that trial courts are the first point of contact for most litigants and form the foundation of the justice delivery system. He stressed that due importance must be given to the recording of evidence and adjudication of bail matters.
Highlighting the role of High Courts, he said their supervisory jurisdiction under Article 227 of the Constitution is intended as a shield to correct grave jurisdictional errors, not as a mechanism to substitute the discretion or factual appreciation of trial judges.
He recalled that several distinguished judges, including Justice H R Khanna, Justice A M Ahmadi, and Justice Fathima Beevi, began their careers in the district judiciary.
On representation within the judicial system, Justice Bhuyan noted that Telangana has made significant strides in gender inclusion. Out of a sanctioned strength of 655 judicial officers in the Telangana Judicial Service, 478 are currently serving, of whom 283 are women, exceeding 50 per cent representation. He added that members of Scheduled Castes, Scheduled Tribes, minority communities, and persons with disabilities are also represented in the state’s judiciary.
He observed that greater representation of women, marginalised communities, persons with disabilities, and sexual minorities would help make the judiciary more inclusive and reflective of India’s diversity. “The judiciary must represent all the colours of the rainbow and become a rainbow institution,” he said.
Justice Bhuyan also referred to the recent restoration by the Supreme Court of the requirement of a minimum three years of practice at the Bar for entry-level judicial posts. While acknowledging that the requirement ensures practical exposure, he cautioned that its impact on women aspirants, especially those from rural or small-town backgrounds facing social and financial constraints, would need to be carefully observed over time.
Concluding his address, he reiterated that the justice system must strive to bridge the gap between constitutional ideals and lived realities, ensuring that the rule of law remains paramount.
