SC to be final arbiter in ‘bat’ acrimony

Court to review ECP’s challenge today; PTI files contempt plea against ECP


Our Correspondent January 11, 2024
A general view of the Supreme Court of Pakistan in Islamabad, Pakistan April 4, 2022. PHOTO: REUTERS

RAWALPINDI/ ISLAMABAD:

 

The Supreme Court will hear the Election Commission of Pakistan’s (ECP) plea against the decision of the Peshawar High Court to allot the electoral symbol of the ‘cricket bat’ to the PTI on Friday (today).

On the other hand, the PTI on Thursday filed a contempt plea in the PHC against the ECP for delaying the issuance of the party’s certificate.

A three-judge bench of the SC, headed by Chief Justice of Pakistan Qazi Faez Isa, will conduct the hearing of the ECP’s plea filed on Thursday.

Justice Muhammad Ali Mazhar and Justice Musarrat Hilali are also part of the bench.

Earlier, the SC registrar office had returned the ECP’s plea raising the objection that various pages of the application could not be read.

A day earlier, the PHC annulled the ECP’s ruling revoking the PTI’s cherished electoral symbol, citing irregularities in the party’s internal polls.

In its short order, the high court declared that the electoral body’s order was “illegal, without any lawful authority and of no legal effect”.

The court also instructed the ECP to publish the certificate submitted by the PTI after its internal polls on the commission's website.

In its contempt plea filed by the PTI in the PHC, the party named Chief Election Commissioner (CEC) Sikandar Sultan Raja, ECP secretary, and commission’s members Justice (retd) Ikram Ullah Khan, Nisar Ahmad Durrani, Babar Hassan Bharwana, and Shah Muhammad Jatoi as respondents.

The plea was filed by lawyers Qazi Muhammad Anwar and Shah Faisal Ilyas.

The petition read that the commission’s action to delay the issuance of the PTI’s certificate was considered contempt of court as it hindered the party’s regular electoral process as evident from the PHC’s “explicit instructions”.

“[The] respondents disregarded the order of this honourable court and downgraded the authority of this honourable court. That omission of respondents to act upon the order of this honourable court speaks of the fact that respondents undermined the authority of this honourable court,” the plea read.

The PTI, after earlier submitting an application regarding the allotment of its electoral symbol to the SC, withdrew it on January 10.

The apex court dismissed the petition on grounds that it was withdrawn.

Talking to the media after meeting PTI founding chairman Imran Khan at Rawalpindi’s Adiala Jail, the incumbent chief of the party Barrister Gohar Ali Khan said the commission had the right to move the SC against the PHC order, but the party was sure that it would receive justice from the top court as well.

He added that the PTI’s electoral symbol stood restored until the SC made a decision on the ECP’s plea.

The PTI chairman said the ECP should abide by the court’s order and fulfil its responsibility of conducting free, fair and transparent elections.

Speaking on other matters, Gohar said party tickets would be announced by Thursday night.
He added that the PTI would begin issuing tickets soon.

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