The Supreme Court has signalled its full-throated determination to uphold the general elections scheduled for February 8 by countermanding the LHC’s decision – a firm strike of the gavel to potentially foreclose doors on high courts to muscle in on top court’s rulings in the future.
Moreover, when the SC exhibits resolve on any issue, it becomes exceedingly challenging for powerful circles to change the apex court's course of action.
The three-judge bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa has suspended the Lahore High Court's order regarding the suspension of the Election Commission of Pakistan (ECP) notification about the appointment of DROs and ROs from the executive.
The hearing delivered a clear and resolute message to all high courts, emphasising the apex court’s steadfast resolve to ensure timely polls, unequivocal in its stance that no one would be permitted to delay them based on anyone’s preferences or desires.
If the top court takes a stand on any issue, it becomes a formidable challenge for high courts to oppose or challenge its decisions.
During the tenure of former CJP Asif Saeed Khosa when the SC aimed to conclude the treason trial against former military ruler Pervez Musharraf, no high court could intervene in the matter.
However, soon after the retirement of ex-CJP Khosa, the LHC had declared the treason trial unconstitutional.
Currently, the SC, led by CJP Qazi Faez Isa, has made it clear that the elections must be held on Feb 8.
Read ECP issues election schedule after SC’s intervention
Nevertheless, several petitions were lodged in high courts seeking to postpone the trial. One such petition was addressed in the Islamabad High Court (IHC) last week. Following this, a PTI lawyer lodged another petition in the Lahore High Court.
Judge Babqar Najfi issued an interim order that temporarily halted the electoral process. This has sparked a debate as to why the LHC intervened in the matter subsequent to the Supreme Court's directive.
Moreover, a senior PTI lawyer admitted that he was not in favour of filing of the petition in the high court, which delayed the election process.
One faction within the PTI also advocates against conducting elections during CJP Isa's tenure. They hold high expectations for Justice Ijazul Ahsan, who is the future CJP.
Meanwhile, Justice Athar Minallah has already given a strong opinion about the delay in general elections. The judges who are in the driving seat in SC understand that failing to ensure the elections within 90 days would damage their reputation. They are already under intense criticism for permitting the trial of civilians in military courts.
To regain support from civil society and lawyers, it's crucial for them to guarantee that there won't be any delays in the elections.
Ex-CJP Umar Ata Bandial could not enforce the court's directive to conduct general elections on May 14. The obstacle wasn't resistance from the establishment but internal division within the Supreme Court.
In contrast, CJP Isa is resolute that his legacy will be defined by his commitment to ensuring elections take place on the date specified by the Election Commission of Pakistan (ECP).
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