SC to stay out of ECP’s territory: CJP

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Staff Reporter

3 years ago

ISLAMABAD: According to Chief Justice of Pakistan (CJP) Qazi Faez Isa, the Election Commission of Pakistan (ECP) is an entity established by the constitution, and outside intervention is not permitted.

“The Supreme Court will not meddle in matters under the purview of the Pakistani Election Commission. But the court can investigate if ECP does anything that is unconstitutional,” the chief justice continued.

During the hearing of an ECP appeal challenging the Peshawar High Court’s (PHC) decision to reinstate the bat as the Pakistan Tehreek-e-Insaf’s (PTI) election symbol, the CJP made these statements.

The appeal was heard by a three-judge panel of the highest court, which was chaired by Chief Justice Isa and included Justices Muhammad Ali Mazhar and Musarat Hilali.

Hamid Khan represented the PTI during today’s session, and Makhdoom Ali Khan represented the ECP.

The SC website and YouTube channel are providing live coverage of the case’s proceedings.

Judge Isa stated that there was a “very clear line of demarcation” between the statutory and constitutional bodies’ respective functions in response to PTI attorney Hamid Khan’s claims.

He said, “We won’t take over their job [or] how to do it [or] how better to do it if they’re (ECP) doing their job.”

The ECP lawyer took the rostrum at the beginning of the session. When CJP Isa asked Makhdoom whether the PHC’s written order had been issued or not, the latter stated that it had not been.

The PHC order that reinstated the PTI’s “bat” symbol was then read aloud by the attorney. The chief justice said, “I have not read the case file either,” to his claim that the ECP had not yet received “any notice” of the PHC order.

When Makhdoom was asked by the chief judge when he would be prepared to submit the case, the lawyer asked the Supreme Court to postpone the hearing until Monday. Makhdoom went on to say that tomorrow would see the distribution of electoral insignia to the political parties.

Makhdoom remembered that the PTI was required by its party constitution to have its intra-party votes in 2022, and that the electoral watchdog had sent a notice to the PTI for failing to do so.

he PHC’s recent ruling would need to be suspended in this case, the CJP said, adding that the supreme court was prepared to hear the matter on Saturday and Sunday as well. The hearing was postponed until Monday. After that, the ECP attorney requested till tomorrow to finish getting ready for the case.

Staff Reporter