New polls tribunals barred from hearing pleas

IHC CJ asks why was electoral law tweaks ordinance issued in haste

ISLAMABAD:

Islamabad High Court Chief Justice Aamer Farooq on Tuesday stopped the new electoral tribunals from hearing polls petitions until further notice, expressing his displeasure over the Election Commission of Pakistan (ECP) changing them.

The court was hearing the PTI’s petition against the ongoing proceedings related to the Election Act (Amendment) Ordinance, 2024 and the change of tribunal in the ECP.

Three PTI-backed candidates -- Muhammad Ali Bokhari, Shoaib Shaheen and Aamir Mughal -- had challenged the  victory of PML-N members in the constituencies of Islamabad following the general elections held earlier this year by claiming that the polls were rigged.

The IHC suspended the PML-N MNAs’ victory notifications while the pleas were being heard by the election tribunal.

Read IHC bars election tribunals hearing

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

In its verdict, an ECP bench approved the pleas filed by the PML-N lawmakers to transfer their cases to other tribunals.

On Tuesday, the IHC CJ expressed his anger over the ECP’s move.

“What was the emergency that an ordinance for the Election Act amendments was issued overnight?” the judge raised the question.

The IHC CJ observed that abusive language was used for Justice Jahangiri.

He added that the IHC judge was accused of bias, nepotism and favouritism for personal benefits. “If these accusations turn out to be wrong, does the member of the assembly know the consequences? He will be disqualified for five years.”

Justice Farooq asked the ECP director (law) that how could such an order be issued by the electoral body in his presence as he was the one with legal expertise.

The ECP director (law) replied that the order was issued by the electoral body and he could assist the court with some legal aspects.

The IHC CJ questioned the ECP about the grounds that led it to change the tribunals. He was told that the previous tribunals were not following procedures.

The judge noted that the ECP was setting a new precedent by transferring tribunals.

Justice Farooq further pointed out that the ECP lacked suo motu powers.

“For this to happen, the ECP should have received an application.”

The IHC ordered that PML-N’s Aqeel should appear before the court in his personal capacity at the next date of hearing.

It also ordered the attorney general for Pakistan to appear before the court as well.

It also directed the ECP to appear with better legal representation at the next hearing.

The court adjourned the case till June 24.