Constitution authorises ECP of Election Tribunals: CJP

Islamabad: During the hearing on the Election Commission of Pakistan's (ECP) appeal against the formation of election tribunals in the Supreme Court, Chief Justice of Pakistan (CJP) Qazi Faez Isa remarked that the Constitution is very clear and the ECP has the power to establish election tribunals.

A two-member bench consisting of CJP Qazi Faez and Justice Naeem Afnan is conducting the hearing. ECP lawyer Sikandar Bashir and Pakistan Tehreek-e-Insaf (PTI) lawyer Salman Akram Raja appeared before the court.

The lawyer of ECP Sikander Bashir started the arguments in court. He said that the case involved the interpretation of Article 219(C) of the Constitution.

On this, the Chief Justice inquired to tell the few facts of the case. On which the ECP lawyer said that on February 14, the ECP wrote letters to all the high courts for the formation of tribunals which the authority of the election commission.

Election Commission lawyer said that lists and panels of names of judges were requested from all high courts through letters. The names of two judges were given by Lahore High Court (LHC) on February 20. Both the judges were notified of the election tribunal. On April 26, election tribunals of two more judges were constituted.

During the hearing, the Chief Justice stopped the lawyer for saying a word of ‘respect’ for the High Court.

Chief Justice Qazi remarked that the High Court is being called respectable, it is said for judges. He inquired that the English language belongs to England, is the Parliament called ‘respectable’ there.

He stated that parliamentarians here do not respect each other, they abuse each other, who we want to be respected. Why not call the Election Commission respectable? Is it not respectable?

Later, Election Commission lawyer said that there was no dispute till the formation of four tribunals.

CJP inquired whether the Chief Election Commissioner and the Chief Justice cannot meet each other. Is it necessary to make everything controversial in Pakistan? There was a dispute between the President and the ECP on the date of the elections, why are letters being written by the Registrar High Court? If the Chief Justice and the ECP had sat down, there would have been a solution to the dispute and they would have concluded.

On this, Justice Naeem Akhtar said that the Election Commission wrote letters to all the High Courts, there was no dispute anywhere except the LHC. The proceedings of the tribunals are about to be completed in the Balochistan High Court (BHC).

Chief Justice Qazi Faez Isa remarked if it is an ego problem.

Later, the hearing was adjourned until 11:30am. When the hearing started again after the break, CJP got angry with the ECP on the issue of holding the election and setting up the Election Tribunal.

He remarked that he did not understand why the ECP did not talk to the Chief Justice of LHC. It is not written anywhere in the constitution that you cannot meet a judge, what is the point of ego in the meeting. Both are constitutional institutions, so why is the ECP. You guys failed to hold elections.

Along with this, Chief Justice Qazi raised questions on the Presidential Ordinance issued by Acting President Yusuf Raza Gilani.

Qazi said that if you want to work with an ordinance, close the parliament. Bringing an ordinance is an insult to the parliament. The constitution is very clear, the election tribunals have the power of the election commission. Article-219 (C) has made it very clear. We have taken an oath under the Constitution and law, we did not take an oath on court decisions. When the Supreme Court interpreted the Constitution, complications arose.

The lawyer of the ECP said that he did not make the law. He was saying generally only, not defending the ordinance. Chief Justice Qazi Faez Isa replied that the cases in the Supreme Court are his responsibility, do not use your weakness as a reason.

Lawyer Sikandar Bashir added that the last time he heard there were probably 62 judges in the LHC. Chief Justice asked Salman Akram Raja if he did not challenge the ordinance.

Salman answered that the ordinance has been challenged in Lahore and Islamabad High Courts (IHC). Justice Qazi remarked that why different High Courts, the Ordinance will apply in the entire country.