In a surprising move, the PTI on Monday withdrew its petition seeking a level playing field from the Supreme Court. The PTI’s lead counsel, Latif Khosa, stated that the party no longer expects justice from the judiciary.
The PTI filed a petition in the apex court in December last year, claiming that the Election Commission of Pakistan (ECP) had failed to provide it with a level playing field.
The party also filed an application seeking contempt proceedings against the relevant authorities, including the ECP, for allegedly violating a Supreme Court order.
On Monday, a three-member Supreme Court bench led by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali resumed hearing the petition.
Interestingly, the same bench upheld the ECP’s decision regarding the PTI’s intra-party polls on Saturday (Jan 13) -- a verdict that dealt a heavy blow to the former ruling party, depriving it of its iconic election symbol — the cricket bat.
There were reports that a section of the PTI did not want to pursue the matter in the wake of the January 13 verdict. On Monday, when the chief justice asked the PTI’s lead counsel how much time he needed to complete his arguments, Khosa indicated that he could complete them in five minutes.
“We came to seek a level playing field in the elections, but due to the court’s decision of Jan 13, we were deprived of our special and reserved seats, and the party practically disintegrated,” Khosa said.
He added that the PTI “does not expect a level playing field from the ECP and is now knocking on the door of the people’s court”.
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Khosa explained that PTI workers, candidates, and leaders were being persecuted, detained, and arrested. He mentioned recent incidents such as the attack on the house of PTI leader Barrister Gohar Ali Khan and the abduction of his son.
The lawyer urged CJ Isa to use Article 187's authority and issue directives to the ECP. When the CJ asked if he wanted to withdraw the petition, Khosa affirmed, stating it was in line with the party's instructions.
Khosa informed the bench that the party is not allowed to contest polls. “We knew our electoral symbol would be snatched, so we formed an electoral alliance. However, the leader of this party was abducted, and false accusations were filed against us. In practice, a ban has been imposed on us. We cannot write PTI in the nomination papers, and strange electoral symbols have been allotted to our candidates.”
Justice Isa noted the police raid on Barrister Gohar's house and actions taken. The chief justice clarified that the court should not be held responsible for the event of Jan 13. “We have nothing to do with it. We are neither the ECP nor the government. Our job is to ensure elections are held according to the law. We can only issue orders, and we did.”
Justice Isa, while conversing with Khosa, pointed out that the ECP repeatedly advised the party to conduct intra-party polls according to the law, but the party did not comply. “If you don't like the law, then change it," he suggested.
Khosa told the bench that the Jan 13 decision would have far-reaching consequences. “We do not expect justice; we prefer to go to the court of the 25 crore people," he said.
Later, the court disposed of the PTI petition as withdrawn. While rising from his chair, Justice Isa addressed Khosa, expressing disappointment at the senior lawyer’s behaviour.
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