SC seeks arguments on elections law tweak

Bench hears plea seeking to grant voting rights to overseas Pakistanis

ISLAMABAD:

The Supreme Court on Friday observed that why should the apex court interfere when parliament amended the law enacted by it, asking which constitutional provision stopped the legislature from restoring any law to its original form.

Sitting on a bench, led by Justice Ijazul Ahsan, Justice Muneeb Akhtar pointed out that parliament enacted the Election Act in 2017, in which Section 94 was about the voting right of the overseas Pakistanis and that clause was validated by the apex court in 2018.

The bench, also including Justice Mazahar Ali Akbar Naqvi, took up the petition, seeking to grant voting rights to overseas Pakistanis. The bench asked the petitioner to present arguments on unconstitutionality of the amendments made by the government.

During the hearing, Justice Akhtar said that the election laws were amended in 2021 but in 2022, they were further amended to bring them back to their original form. He asked how the court could declare a law unconstitutional when it was upheld by the Supreme Court.

Arif Chaudhry, the lawyer for petitioner Dawood Ghaznavi, apprised the bench that according to the National Database and Registration Authority (NADRA), the I-voting system could be built in a year.

The counsel for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan requested the court to direct the Election Commission of Pakistan (ECP) to implement the existing amendments.

The court sought arguments on the unconstitutionality of the amendments made by the government regarding the voting right of the overseas Pakistanis.
Justice Ahsan said that if the replies came from the parties, the bench would also review the implementation.

Justice Akhtar asked the lawyer if the amendment to the Election Act affected the basic human rights. He stressed that parliament was amending the law which was made by it, so why should the court interfere?

Justice Ahsan told the petitioner’s lawyer that he was requesting the court to declare the law regarding the right of overseas vote invalid.

Justice Naqvi said that the petitioner should submit the amended plea. Later, the hearing was adjourned for an indefinite period.