“You have tried to undermine the authority of the Supreme Court. We will examine [the letter] and proceed against it separately,” Chief Justice Iftikhar Muhammad Chaudhry said, asking Election Commission of Pakistan (ECP) Secretary Ishtiak Ahmad Khan to submit a copy of his resignation before the court.
The two-member bench observed that the commission secretary had attempted to ridicule the judiciary, without naming the institution.
Khan told the court that the ‘resignation’ carries a mandatory one-month notice, as per the agreement for his retirement, and he had sent it to the prime minister on March 1.
The resignation has nothing to do with the Supreme Court’s performance, he added.
Finalising electoral rolls
The court also railed at the ECP, once again, for its failure to finalise the electoral rolls.
“The commission had earlier informed the court that it would finalise electoral rolls for the upcoming elections by February 23,” the chief justice said, adding that it seemed as if the ECP was not willing to implement the court’s orders.
The bench was informed that the commission, at a meeting in September 2011, granted the extension in deadline for preparing the voter lists. The bench observed that there was no harm in extending the deadline but questioned why it was extended unilaterally by ECP without consulting the court.
The bench said it will now examine why the ECP did not fulfill its own undertaking in this regard. The commission, in its written explanation, informed the court that it learnt about the Supreme Court’s July 4, 2011 order on December 20, 2011, while members of the commission were elected on June 13, 2011.
It seems that the commission secretary kept the members in the dark in this regard, the chief justice observed. He also directed the attorney general to inform the court whether there was a deliberate delay in the preparation of electoral lists.
The attorney general, Maulvi Anwarul Haq, sought time to collect all information and prepare a comprehensive reply. The hearing of the case was adjourned till March 14.
Meanwhile, the court also raised objection over the chief election commissioner’s reply, saying the same was submitted on his behalf by the commission secretary.
Finalisation of the electoral rolls is in the public’s interest rather than the court’s, the bench observed, adding that the preparation should have begun in 2007.
ECP officials said floods, and the law and order situation in some areas of Sindh, caused the delay in the preparation of the electoral rolls.
Published in The Express Tribune, March 7th, 2012.
COMMENTS (9)
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PPP and its stupid juvenile games.
ECP, Do ur job and fix the voter lists. Its that Simple.
GO CJ SAHEB,tsunami app kai saath hai...
Maybe the SC should issue a contempt citation against Standard and Poor's -- they also think you selectively pursue justice with a political taint.
Atleast SCP is asking for the most fundamental right of the citizens of Pakistan the right of voting. I wonder why the SCP not provoking Article 6 on the civilian executives. Was not it constitutional responsibility of the ECP to have updated voters list. Has this practice anywhere in the world that citizens from past 4 years under civilian government not having correct voters lists. Is article 6 only for generals and not for civilians who broke the constitution or failed to comply with the constitutional obligations and requirements.
SC is increasingly behaving like vatican in middle ages.
Someone has lost sanity, and unfortunately his actions are affecting the functioning of the entire country.
I am not aware of the reasons of resignation of secretary, Election Commission of Pakistan, after he came out from Court No 1, he looked highly perturbed and humiliated. The treatment meted out to him can be judged from a letter to the Chief Justice written by Naeem Bukhari, senior advocate Supreme Court, he writes, " My Lord, the dignity of lawyers is consistently being violated by you. We are treated harshly, rudely, brusquely and nastily. We are not heard. We are not allowed to present our cases. The words used in the Bar Room for Court No 1 are " Slaughter House". We are cowed down by aggression from the bench, led by you. I am not raising the issue of verbal onslaughts and threats to police officers and other civil servants, who have the misfortune to be summoned, degraded and reminded that " This the Supreme Court". It is not difficult to judge as to why the Secretary, was seen broken and embarrassed after he came out of Court No 1 .
People with dignity and honor resign. Those clinging to power at all costs take oaths under PCO and military dictators. Court must be upset that the sec. is not taking extensions after extenstions like the judges and generals. Can the paid career govt servants give up their ego and concentrate on the problems of real people for a change?
This court is really taking everything personally at public's expense.