SC rebukes PTI attorney for ‘political speech’

Tells Khosa to file written reply to ECP report on level playing field

ISLAMABAD:

The Supreme Court on Monday directed the PTI to submit a written reply addressing reports from the Election Commission of Pakistan (ECP) and the Punjab chief secretary regarding the provision of a fair electoral playing field for the upcoming general elections.

Chief Justice Qazi Faez Isa, leading a three-member bench, reprimanded PTI's lawyer Latif Khosa for delivering what was deemed a “political speech” rather than presenting legal arguments.

The bench, including Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, resumed the hearing of PTI's petition seeking equitable opportunities in the February 8 general elections. The court had earlier instructed the ECP on December 22 to address PTI’s concerns, leading to a subsequent contempt petition by PTI, alleging the ECP’s non-compliance.

In response, the ECP and the Punjab chief secretary submitted rebuttals, rejecting PTI's claims. The ECP’s January 7 reply highlighted that returning officers had accepted nomination papers for over 76% of PTI candidates. The data showed approval for 598 out of 843 National Assembly and 1,398 out of 1,777 provincial assembly nomination papers.

Irked at the PTI counsel’s "politicisation" of the matter, the CJP asked Khosa if he wanted the SC to rule that all the nomination papers filed by his party’s candidates must be accepted.

“What is wrong with the [ECP’s] report?” Justice Isa asked.

The top judge asked Khosa to submit in writing anything that he thought was wrong with the ECP and Punjab chief secretary’s written replies. “Do not make verbal claims,” Justice Isa cautioned.

“Do not beat around the bush. Tell us exactly what you seek from the SC. If there is any state institution you don’t have faith in, tell us… we will pass a suitable order in light of that,” the CJP observed.

Khosa stated that “the whole country knows how we are being targeted”.

He said the party seeks a level playing field, adding that Section 144 has been imposed to impede the party's electoral activities while “other candidates” were not being stopped.
 

.Justice Isa asked Khosa what he meant by “other candidates”. Section 144 applies to all political parties.

Are you implying that the PML-N is also conspiring against the PPP and JUI-F, he added.

The bench also accepted the party’s request to take up its plea with regard to withdrawal of its iconic election symbol of a cricket bat. The SC will hear this case tomorrow—on January 10.

Meanwhile, the Peshawar High Court (PHC) is set to hear today, Tuesday, the PTI’s petition filed against the ECP’s decision to invalidate its December 2 intra-party elections, an order that resulted in depriving the party of its election symbol.

Talking to the media after the court hearing, PTI leader Gohar Ali Khan said participating in the electoral process is the constitutional right of the people. “The Supreme Court is obligated to safeguard the constitutional rights of the people,” he said.