IHC Chief Justice irked by change of ECP's Islamabad tribunal

Justice Aamer Farooq inquires about urgency behind brining the Election Amendment Ordinance overnight

ISLAMABAD:

The Islamabad High Court's (IHC) Chief Justice Aamer Farooq expressed his anger over the change of the Election Tribunal in Islamabad.

The court heard PTI’s petition against the ongoing proceedings related to the Election Amendment Ordinance and the change of tribunal in the Election Commission of Pakistan (ECP).

PTI counsel Advocate Shoaib Shaheen argued that the Election Tribunal had given time to the PML-N MNAs for a response, adding no reply was given.

Justice Aamer inquired “Why the tribunal has been changed. The government explain to me that this amendment was abolished years ago, and now they have brought it through an ordinance. How can the acting president issue an ordinance? What was the emergency that the ordinance came overnight? Let the system remain a system.”

Shaheen stated that he would challenge the ECP’s decision and requested the court to restore the seats on the application pending before the court and to what has happened to date.

Advocate Ali Bukhari remarked, “Today we have gone back to the position of February 8.”

The CJ remarked “The tribunals were formed after consultation with me, I suggested the names and you gave the approval, then what was the need to change the judges of the tribunal? The request to change judge also comes to us, we do not ask for records, and you have to be accountable. We respected that ECP is a constitutional body, that is why we gave two days time.”

“Has the notification of the new judge been issued?” Justice Aamer inquired further asking if the tribunal made was only for Islamabad.

The ECP lawyer replied that the notice was sent on June 7 and that it was currently not in his possession.

IHC CJ questioned the ECP counsel on how the electronic media got to know about the formation of a new tribunal if a notification was not issued.

“You are doing wrong, don't do this, give a sensible answer. The case will be heard today at 2pm again, think what you have to do, the transfer orders you have issued cannot be legally sustained,” he added.

The electoral watchdog approved yesterday all three requests from PML-N MNA seeking a change of tribunal in Islamabad and has mandated the tribunal's transfer.

Earlier, the ECP had turned down PTI’s request to defer a hearing filed by the ruling party’s lawmakers against the election tribunal hearing complaints of alleged rigging in the February 8 polls.

The lawyer for the PML-N legislator reiterated that the election tribunal could not issue directives to the ECP.

He expressed concern that the tribunal was not granting them adequate time and that the matter was being rushed.

PTI’s Shoaib Shaheen told the bench that the party had challenged the ECP’s proceedings against the election tribunal in the IHC. "It is possible that we might get a stay order. Please grant us time until Monday," he requested.

Following the arguments from both PML-N and PTI-supported candidates for two days, the ECP had reserved its decision on Friday.

The PML-N MNAs, including Tariq Fazal Chaudhry, had expressed a lack of confidence in the election tribunal headed by Justice Tariq Mehmood Jahangiri.

However, PTI lawyers Shoaib Shaheen, Aamir Mughal, and Ali Bukhari had requested the dismissal of the PML-N leaders' petitions.