Islamabad: Chief Justice of Pakistan Kazi Faez Isa on Thursday termed the President’s decision as contempt of Parliament as the Supreme Court rejected the Election Commission of Pakistan’s (ECP) petition in the election case.
“The president’s order is an insult to Parliament when it passes a law on an issue,” he said.
The case heard by a two-member bench comprising the CJP and Justice Naeem Akhtar Afghanistan was referred to a three-member SC committee to constitute a larger bench.
The ECP challenged the apex court under Article 185 (3) of the Constitution against the May 29 order of the LHC to create eight election tribunals.
A single-member bench of the court comprising LHC CJ Malik Shahzad Ahmed, Justice Shaheed Karim, Justice CH Muhammad Iqbal, Justice Anwar Hussain and Justice Sultan Tanvir Ahmad will hear the election petition at the main bench of the LHC in Lahore.
Justice Asim Hafeez will hear the election petition at the LHC Bahawalpur bench, Justice Sardar Muhammad Sarfraz Dogar and Justice Raheel Kamran will hear the election petition at the LHC Multan bench, and Justice Mirza Vikas Rauf will hear the election petition at the LHC Rawalpindi bench. .
The order, which was in response to a petition filed by Rao Hashim Omar Khan and others, directed the ECJ to appoint six more judges nominated by the LHC justices as the election tribunal.
It is worth mentioning here that two of the eight election tribunals have been run in Punjab.
In response, the electoral body, in its petition to the SC, sought permission to file an appeal with the court stating that the LHC has the power to appoint electoral tribunals under Article 219 read with Article 222 (b) of the Constitution. belonging to the electoral body.
The ECP further argued that Article 219 of the Constitution does not explicitly require the Chief Justice of the High Court to be consulted for the appointment of election tribunals or the allocation of territorial jurisdiction to such election tribunals.
Section 140(3) of the Electoral Act 2017 only requires the Chief Justice of the High Court to consult with the Chief Justice of the Council in relation to the appointment of electoral tribunals, but this does not include the allocation of territorial jurisdiction to electoral tribunals. . The sole power and jurisdiction of the Election Commission is in accordance with Article 140(1) read with Section 151 of the Election Act, 2017.
In today’s hearing, CP Isa questioned how the ECP took the president’s decision and wondered why the electoral body was not in line with the LHC CJ.
“It is not written in the constitution that he cannot meet any judge […] is the ECP controversial?” said the chief justice.
Responding to the Chief Justice’s remarks, ECP lawyer Sikandar Bashir said that he did not state the law and did not defend the decision.
“This decision was announced because of the burden on the judicial system,” said the lawyer.
The ECP also informed the court that it has written to the LHC under Section 140 of the Election Act seeking a list of names of serving and retired judges.
The council said it did not represent the federation, referring to the council’s statement on parliamentary abuse.
When the CJP was asked whether the LHC verdict was in accordance with the law, the counsel replied in the affirmative.
Meanwhile, the representative of Pakistan Tehreek-e-Insaf (PTI) in the case, Barrister Salman Akram Raja, said he has challenged the judgment in Islamabad High Court (IHC) and LHC.
The CJP asked why the decision was being challenged in various high courts as it would be implemented across the country.
The Chief Justice further said that the matter related to Form 45 is now before the Election Court and the apex court will review the relevant laws if it takes up the matter.
