HAROON AKHTAR KHAN Versus Sheikh AMJAD AZIZ

ORDER

JUSTICE MIAN HAMID FAROOQ (ELECTION TRIBUNAL).--- Applicant, Sheikh Amjad Aziz, through the present application, filed on 26-2-2004, seeks permission to place on record photocopies of certain documents, which are attached and find mention in para.5 of the application. This application has been opposed by the adversary.

2. The only ground, urged in support of the application in hand and, canvassed by the learned counsel for the applicant, is that the applicant has now been able to lay hand upon certain documents, which are genuine and their production at the relevant time was not within the power of applicant, as these documents were not in his custody. Latter has refuted the said contention and opposed placing on record these documents.

3. I have heard the learned counsel for the parties and examined the available record. Photocopies of the documents, annexed with the application and sought to be placed on record, are not part of record of the election petition or any other judicial record. These documents are not certified copies and their authenticity and genuineness is also uncertain. The veracity and correctness of' these documents have been challenged by the other party, who labelled them as forged documents. No "good cause" for earlier non-production of these documents has been shown nor those are above suspicion. Under the circumstances, I am not inclined to exercise my discretion favouring the applicant and is not persuaded to allow this application.

4. In the above perspective, the present application is dismissed being devoid of merits.

H.B.T./H-21/L ???????????????????????????????????????????????????????????????????????? Application dismissed.