SC may announce PTI ‘bat’ symbol verdict today

CJP highlights importance of democracy whether in country or political party

ISLAMABAD:

The Supreme Court is expected to make a decision Saturday (today) on the Election Commission of Pakistan’s (ECP) plea challenging the reinstatement of the PTI’s electoral symbol, the 'cricket bat'.

While hearing the electoral body’s petition challenging the Peshawar High Court's (PHC) decision to restore PTI's electoral symbol, Chief Justice of Pakistan Qazi Faez Isa on Friday remarked that they wanted the next polls to be held in the country.

A three-member bench, comprising the CJP, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the case.

The PHC annulled the ECP’s ruling that revoked the PTI’s cherished electoral symbol citing irregularities in the party’s internal polls.

The CJP pointed out that the high court in its decision had ordered the provision of the electoral symbol and certificate to the PTI but not issued the declaration of its intra-party elections.

He added that the PHC should first issue a declaration under Article 17 on whether the December 22 internal elections of the PTI were held in accordance with the party’s constitution or not.

The CJP observed that giving electoral symbol and issuing the certificate would be a result of the declaration.
He continued that everything depended on the intra-party elections being declared valid.

CJP Isa highlighted the importance of democracy, whether it was in the country or a political party.

The top judge noted that just as it is a fundamental right to form a political party according to Article 17 of the Constitution, each of its members had the right to contest for its offices.

He warned that if the intra-party elections were held according to the constitution of the party, there would be consequences.
The CJP further remarked that the apex court would not "take over" the responsibilities of the ECP.

Read: SC to be final arbiter in ‘bat’ acrimony

Justice Isa, responding to the arguments presented by PTI counsel Hamid Khan, observed that a "very clear line" of demarcation existed between the functions of a statutory body and of a constitutional body.

"If they [ECP] are doing their job, we won’t take over their job [or tell them] how to do it [or] how to do it better,” the top judge continued.

The CJP also inquired that when the PTI had accepted the jurisdiction of the Lahore High Court on its intra-party elections, then why did it approach the PHC.

He observed that was a contradiction between the order of the single judge of the LHC and the decision of the PHC.

He added that rejecting the petition, the single judge had noted that to cancel the decision of the ECP, the relevant provisions of the Election Act must first be annulled.

However, he highlighted that nobody had challenged the relevant clauses of the Election Act.

As the hearing commenced, the counsel representing the ECP, Makhdoom Ali Khan, came to the rostrum. CJP Isa asked him whether the high court's written order had been issued, to which he replied in the negative.

After reading out the PHC order restoring the PTI’s electoral symbol, he maintained that the ECP had not received any notice from the high court.

The CJP noted that he had not read the case file either.

The counsel further urged the apex court to adjourn the hearing till Monday when asked if he was ready to present the case, adding that the ECP would issue the electoral symbols on Saturday.

CJP Isa, however, said the SC was willing to hear the case on Saturday and Sunday as adjourning the hearing would mean the PHC order would have to be suspended.

The ECP's counsel then sought time till Saturday to prepare for the case.

The court asked the PTI counsel that when the internal polls were assigned to a federal election commissioner, why did the party use the term chief election commissioner. Justice Mazhar asked about the process for appointing the party's chief election commissioner, to which Makhdoom replied that Jamal Ansari was the previous CEC and Niazullah Niazi took over the role later.

“The election commission is not just a quasi-judicial body. It is a constitutional body," observed the CJP.
To Justice Isa’s query about other the members of PTI's election commission, the ECP counsel replied that no other member apart from the CEC was appointed.

CJP Isa then asked PTI's counsel Hamid if the information was accurate, to which he said it was not.

The CJP then inquired about documents about the appointment of other members of the PTI's electoral body.

Hamid said he too required time to prepare for the case, adding that he would present his arguments against the ECP's appeal over its lack of maintainability.

The hearing was later adjourned till Saturday (today).