Will PTI find relief from Isa-led SC?

ISLAMABAD:

The Supreme Court under the watch of Chief Justice of Pakistan (CJP) Qazi Faez Isa has been continuously making efforts to ensure that the upcoming general elections take place on their appointed date of February 8.

The apex court first intervened on November 3 and on its directives, the Election Commission of Pakistan (ECP) and the president finally reached consensus on the election date. Everyone then appreciated the SC's timely intervention.

CJP Isa also made it clear that no one would be allowed to cause a delay in the elections.
On December 15, the SC once again intervened when a single-judge bench of the Lahore High Court suspended the ECP’s notifications with regard to appointment of District Returning Officers (DROs), Returning Officers (ROs) and Assistant Returning Officers from executive.

When the SC suspended the LHC order, the ECP issued the election schedule.

When high courts passed orders on the delimitation process, the apex court ruled that when the election schedule is announced, it is important for any litigation or legal challenges related to elections to be resolved promptly.

“Delaying elections or prolonging legal disputes can undermine public confidence in the electoral process and the democratic system as a whole," said an order authored by Justice Syed Mansoor Ali Shah.

Some lawyers said the apex court has given a clear message to the high courts that interference in the process of elections will not be acceptable. They stated that CJP Qazi Faez Isa deserves appreciation for the efforts made to ensure elections on February 8.

The PTI is complaining that it is not getting a level playing field in the elections.  It wants the SC to also intervene in this matter too. There is also a debate as to whether the SC led by Justice Isa will redress the PTI grievances against the powerful circles.

In the recent past, some former CJPs intervened in favor or against political parties.

Some people are of the opinion that the superior judiciary even acted as a tool for political engineering against one party ahead of the 2018 general elections.

The SC led by CJP Isa has, however, not exercised suo motu jurisdiction of the court against the PTI. It is also showing judicial restraint on actions of the state institutions against the PTI after the May 9 incidents.

The PTI had filed more than 10 petitions to redress its grievances against the executive during the term of Justice Isa’s predecessor, former CJP Umar Ata Bandial. Justice Isa has, however, not entertained the PTI founder Imran Khan’s letter as well as Barrister Aitzaz Ahsan's petition against enforced disappearances.

Meanwhile, the SC led by CJP Isa is going to revisit on January 2 an earlier judgement about lifetime disqualification of lawmakers under Article 62 (1) (f) of Constitution.

If the SC ends lifetime disqualification of lawmakers, then PML-N supreme leader Nawaz Sharif and IPP chief Jahangir Tareen will be able to return to electoral politics.

The SC is also hearing a presidential reference seeking review of an earlier SC verdict in former prime minister Zulfikar Ali Bhutto case.

It will be interesting as to how the SC strikes a balance among different political parties including the PTI.

A senior lawyer wondered as to why the SC should micromanage the election process as it is the job of the ECP to hold free and fair elections.

He said on the one hand, the PTI wants relief from CJP Isa from a crackdown initiated by powerful circles while on the other hand its supporters are continuously trolling the CJP on social media since his taking the oath of office in September this year.

He said the PTI should show bona fide before making such demands. He said high courts’ judges should show courage by entertaining matters related to civil liberties.

Currently, Islamabad High Court judge Babar Sattar is adjudicating a matter related to audio leaks.

It is also a fact that the state institutions, especially armed forces, have taken a clear position on May 9 incidents. But Imran Khan has linked the May 9 incidents with the so-called “London Plan”.

The PTI leadership has not distanced itself from the May 9 events. When both sides have taken their clear position then the SC's interference will not be useful, he added.