PHC dismisses PTI’s petition seeking polls under judicial supervision

The Peshawar High Court on Thursday dismissed the Pakistan Tehreek-e-Insaf’s (PTI) petition seeking to conduct election 2024 under the supervision of the judiciary.

A two-member bench of the PHC comprising Chief Justice Ibrahim Khan and Justice Shakeel Ahmad announced the verdict that was reserved on December 18, 2023.

The petition, filed by a lawyer associated with the PTI, had raised questions over transparency of election – slated for February 8, following the appointment of election supervisors from civil bureaucracy.

The Election Commission of Pakistan (ECP) on December 12, 2023, announced appointing District Returning Officers (DROs), Returning Officers (ROs) and Assistant Returning Officers (AROs) from bureaucracy.

However, the PTI alleged that deputy commissioners and assistant commissioners were issuing 3-MPO orders (Section-3 of the Maintenance of Public Ordinance) to detain its leaders including contesting candidates.

In the December 18 hearing, PHC chief justice stated that the district administration issued over 700 detention orders 3-MPO in Khyber-Pakhtunkhwa alone. He noted that 147 MPO orders were issued in Peshawar alone.

“Deputy commissioners in 24 K-P districts seemed to be waiting for issuing orders for detention of members of a particular party. Can transparent elections occur in such circumstances?” he asked.

However, Justice Ahmed asked if the PHC could proceed with the hearing in the case after the recent Supreme Court decision.

Read also: PHC issues notice to ECP on PTI’s contempt plea

“The Supreme Court has clarified many important points in its decision on December 15,” he said.

It is pertinent to mention that the former ruling party also challenged the ECP decision in the Lahore High Court (LHC), which on December 14 nullified the ECP decision of appointing election supervisors from the civil bureaucracy.

Soon after the judgment, the electoral watchdog went to the Supreme Court against the decision.

A three-judge bench, headed by Chief Justice of Pakistan Qazi Faez Isa that also included Justices Mansoor Ali Shah and Sardar Tariq Masood, conducted hearing on the petition filed by the ECP on December 15.

The top court, in its order, termed the LHC’s order as “irresponsible” that was delivered in “haste”. It directed the high court not to proceed further on the PTI’s petition.

The apex court also issued a contempt notice to the PTI’s lawyer who had filed petition in the LHC.

The apex court stated that it had stipulated that, “no one should be allowed to put forward any pretext to derail democracy”.