Eleven of 14 major political parties had agreed that voter lists should not be prepared under ‘compulsion,’ Secretary Election Commission of Pakistan (ECP) Ishtiak Ahmad Khan informed the apex court on Wednesday.
Which party used the word ‘compulsion’, Chief Justice Iftikhar Muhammad Chaudhry inquired.
Khan said he believed Maulana Fazlur Rehman used that term.
“We never forced the commission … it was the commission’s secretary who informed the court about the decision to set a deadline to prepare transparent electoral rolls,” observed the three-member bench hearing the case.
The court observed that the election commission is constitutionally bound to revise electoral lists annually but has been unable to complete the lists since October 2009.
The court also asked the attorney general if he is not willing to assist the court in the case.
Letter to the premier
During the hearing, the secretary submitted the letter he had written to the prime minister, along with an explanation for the Supreme Court that had found some of its content ‘contemptuous.’
Expressing displeasure, the chief justice told Khan that he had maligned the judiciary.
“Your resignation may be good for the prime minister but the Supreme Court will look into the matter according to law and the constitution,” the chief justice said.
Justice Tariq Pervez asked Khan why he wrote to the prime minister.
The secretary replied that it was his one-month notice to terminate his two-year-long reemployment contract.
“I respect the judiciary and cannot even think [about] defaming the honourable apex court,” Khan said.
He added that he had shared his analysis and has the right to express his thoughts on issues related to the national interest.
“My intention was not to malign any institution … but it is being misconceived,” he said.
The chief justice replied that it a serious issue and that everybody has the right of expression, but within limits.
Commission ‘in the dark’
The chief justice also remarked that three members of the election commission said that the secretary kept them in the dark about the electoral rolls.
Khan replied that all members of the commission were aware of the apex court’s order.
“Are you contradicting members of the commission who had submitted their reply earlier,” said the chief justice.
“I am not contradicting any member of my commission but I want to tell you … that in all four meetings held to review the commission’s progress regarding preparation of electoral lists, the members of the commission were present,” Khan said.
Published in The Express Tribune, March 15th, 2012.
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