Objections to delimitation: SC hints at giving appellant power to sessions judges

Asks Punjab’s AAG to seek instruction from authorities regarding the suggestion.

ISLAMABAD:

The apex court on Monday said it could give district and session judges the appellant’s jurisdiction to hear objections over the delimitation process.

A three-judge bench of the Supreme Court – headed by Chief justice of Pakistan Tassaduq Hussain Jillani – suggested this during the hearing of an appeal, filed by Election Commission of Pakistan (ECP) against the Lahore High Court’s (LHC) decision to set aside the delimitation process, carried out by the Punjab government.

The bench also directed Punjab’s Additional Advocate General Hanif Khatiana to seek instruction from the relevant authorities on Tuesday (today) regarding this suggestion. Presently, this power to hear objections over the delimitation process in Punjab is exercised by commissioners.

During the hearing, the bench asked the AAG Khatiana what was the stance of Punjab government as it did not challenge the LHC’s December 31 judgment that had declared all the delimitation process for the local governments (LG) elections as void.

The ECP’s counsel Akram Sheikh contended that the LHC’s judgment was inconsistent as it both directed the provincial government to do legislation over the issue of delimitation; while at the same time it ordered the ECP to hold LG elections, even without completion of the legislation process.

Also hearing the 2009 petition against non-conduction of local government elections in different cantonment boards, the same bench directed the Attorney General of Pakistan (AGP) Salman Aslam Butt to submit a written reply citing reasons for not holding the polls in cantonment areas for the last 14 year.

The court observed it would dispose of the matter in view of the AGP’s reply.  “Now we will decide this case, whatever you might desire to do,” the CJ told the AGP.

Justice Azmat Saeed Sheikh said the government, while submitting a reply, should keep in mind the consequences of delaying the LG elections in Cantonment areas.

Published in The Express Tribune, March 4^th, 2014.