SC to hear PTI pleas for ‘bat’ symbol today

PESHAWAR/ISLAMABAD:

The Supreme Court has scheduled the petitions of the Pakistan Tehreek-e-Insaf for hearing on Wednesday (today).

A three-member bench, headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, will hear the case regarding the PTI's bat symbol.

The Election Commission of Pakistan had withdrawn the PTI's election symbol for not fulfilling legal requirements in the intra-party election.

The PTI approached the Supreme Court against the ECP’s move while the matter was also under hearing at the Peshawar High Court.

A PHC division bench comprising Justice Ejaz Anwar and Justice Syed Arshad Ali on Tuesday heard the case.

PTI's lawyer Qazi Anwar apprised the court that due to the fog, Barrister Gohar and Barrister Ali Zafar would be late in reaching the court.

Meanwhile, the bench while addressing ECP lawyer Sikandar Bashir Mohmand said that was it necessary to issue notices to the other parties of this case.

Read also: PHC set to hear PTI’s challenge against ECP’s decision

Lawyer Mohmand apprised the court that it was a constitutional requirement to hear them in the case, otherwise there would be no point in pursuing the case.

Advocate Anwar apprised the court that an appeal had been filed in the Supreme Court against the Jan 3 decision of the PHC, which would be heard on Wednesday (today).

Justice Anwar replied that if they decided it, then the appeal would be of no importance.

Later, Barrister Ali Zafar, Barrister Gohar Ali Khan, Qazi Mohammad Anwar, Sikandar Hayat Shah, Ali Zaman, Shah Faisal Atmankhel and Nauman Kakakhel, apart from the complainant's lawyers, Qazi Ehsanullah Qureshi and Naveed Akhtar advocates also appeared.

Barristers Zafar and Gohar apprised the court that the ECP had declared the PTI's intra-party election null and void on Dec 22 and withdrew the bat symbol.

“The Election Commission has exceeded its authority, as it is not a trial court and there are several decisions of the Supreme Court on record in this regard.”

They said that the intra-party elections were held in Peshawar on Dec 2 and the ECP itself declared the intra-party as valid. “However, it has now been objected that when the chief election commissioner was being appointed, Umar Ayub was not the general secretary of the party, therefore he was not authorised.

Read: PTI to knock at SC doors to reclaim ‘Bat’

“Besides, according to the election laws, they should have taken this approval from the Federal Council.”

They said when the ECP itself was declaring the intra-party election valid, then how could they object to it.

“The fact is that the election has been transparent because if there is even a panel in it, it will be considered legal.”

ECP lawyer Mohmand apprised the court that along with the election laws, the Constitution had also given various responsibilities to the commission, which included conducting transparent and timely elections. “The Election Commission can issue instructions to a political party, therefore it has the authority to declare intra-party elections invalid.”

He said that this was not the delisting of any political party. “If the delisting is a caucus, it will have to go directly to the Supreme Court. It is very clear in Rule 157 that if any unfair matter comes to the notice of the Election Commission, it can annul it and options are available.”

He said that why the party which could not bring transparency in its intra-party election was raising objection against the ECP. “If the Election Commission does not have the power of scrutiny, then how can it continue to exist?”

After the arguments were completed, the bench adjourned the hearing till 9am today (Wednesday).