Pakistan
IHC suspends ECP's tribunal change order
The IHC ordered Anjum Aqeel to submit a reply to the show cause notice
Islamabad: The Islamabad High Court (IHC) Monday suspended the Election Commission of Pakistan's (ECP) tribunal change order.
Islamabad High Court Chief Justice Aamer Farooq heard the petition against the change of election tribunal.
The IHC issued a show cause notice to Pakistan Muslim League-Nawaz (PML-N) leader Anjum Aqeel Khan for contempt of court and summoned the response in seven days.
Islamabad High Court ordered that Anjum Aqeel Khan should ensure attendance at every hearing.
The court said in its decision that Anjum Aqeel could not explain the words used in the application on judicial inquiry. He should satisfy the court that why contempt of court action should not be taken against you.
Later, the IHC ordered Anjum Aqeel to submit a reply to the show cause notice.
During the hearing, the court inquired about the Attorney General. The Additional Attorney General told the court that the Attorney General is busy with the full court in the Supreme Court.
The Chief Justice remarked, “What was hurry to issue the ordinance overnight”? Lets abolish the parliament, and run the country only through the president's ordinance. This law has been taken from Britain, have you ever seen an ordinance passed there? You guys have set up an Ordnance Factory.
The court, while issuing a notice on the separate petition of PTI's lawyer Ali Bukhari, suspended the Election Commission's June 10 decision to appoint retired judges to the Election Tribunal.
Chief Justice remarked that the ECP told how the judge was biased. The court asked Anjum Aqeel whether he had given any application to the Election Commission. Did he submit an affidavit to the Election Commission that what is written in it is true?
The court directed Anjum Aqeel to read his affidavit filed in the ECP and said, “You have to explain what nepotism is, explain to me what it means,” Anjum Aqeel replied that these are legal words, I ask for unconditional apology from the court.
Chief Justice remarked Nepotism is not a legal word at all, you signed the affidavit without reading it? Anjum Aqeel replied yes, I signed the affidavit without reading it.
The court inquired that you have applied that the judge was biased, so how was he biased? If you don't know about nepotism or bias, why did you apply? Anjum replied that he had request the Election Commission to transfer the case.
The Chief Justice inquired, did you request because the judge did not accept any recommendation? You are a parliamentarian, you have to give an opinion on the budget, you have to legislate, or you have to say there that you don't know the budget is the job of the finance minister? It doesn't matter if you are not a finance expert, what should you do?
During the hearing, Member of National Assembly Anjum repeatedly apologized to the court. You deliberately applied to the Election Commission, to which he replied that he did not apply deliberately.
If the court inquired, then tell me why the application was made. You have accused the judge of partiality, so tell me what was the partiality? The lawyer took the position that Anjum Aqeel is a parliamentarian, the words may be harsh but no one deliberately accused the judge.
The court remarked that the Election Commission did not take suo motu, ordered on a private request, those who are trying to do so, do it. Such things used to happen in past which is gone. What happens in all court I know everything, what you are talking about is told to those who have never practiced.
It is pertinent to note that Ali Bukhari and others had challenged the change of election tribunals.