ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa Tuesday remarked that the makers of the Constitution made the Election Commission of Pakistan (ECP) an institution, and they can abolish it if they want.
The Supreme Court on Tuesday reserved the judgement on a petition of the ECP challenging the formation of eight Election Tribunals in Punjab by former Lahore High Court (LHC) chief justice Malik Shahzad Ahmed Khan for hearing the 2024 election disputes case.
A five-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Aqeel Ahmad Abbasi, heard the ECP appeal.
The court rejected the plea of Hamid Khan, counsel for Salman Akram Raja, seeking recusal of Justice Isa from the bench hearing the matter.
At the start of hearing, the CJP asked Additional Attorney General (AAG) Chaudhry Aaamir Rehman to read out the last para of the order of the last hearing held on July 4. Meanwhile, Hamid Khan came to rostrum and submitted that they have filed an application seeking the recusal of chief justice from the bench.
Justice Isa told Hamid Khan that they respect him, asking him to sit down and let the AAG read the order. “I am seeking recusal,” Hamid Khan told the bench. “You should recuse and we have no objection,” the chief justice replied at which Hamid Khan left the courtroom.
In pursuance of the court last order, the counsel for ECP law officer submitted a report stating that that the issue of establishing the Election Tribunals in Punjab has been resolved, as a result of the consultation between the high court chief justice and chief election commissioner.
ECP counsel Sikandar Bashir Mohmand told the court that the LHC chief justice had established four tribunals and ECP would appoint the remaining four.
At this, Justice Aqeel Abbasi asked if that meant the matters had been settled between the election commission and LHC chief justice. The ECP lawyer replied in the affirmative, saying the law had changed, so now four tribunals will be appointed by the commission.
The ECP counsel further told the court that LHC Chief Justice Alia Neelam had remarked that there was no need for consultation under the new law.
At this, the chief justice said that election disputes should be resolved at the earliest, adding that had the consultation process made earlier, the matter would not have come to the court. He observed the country needs stability, adding that conflicts happen but institutions should not be attacked and should function. “Matters should be resolved instead of aggravating it. We are not enemies of each other and we are residents of this country,” the CJP remarked, adding that the ECP was a constitutional body and we should respect the institutions.
Justice Mandokhail said that the chief justice of high courts are not ordinary people, adding that both the CJ and election commission were respectable. “The likes and dislikes in the appointment of judges to tribunal should end now,” he remarked. He, however, asked the ECP counsel that when the LHC chief justice had already sent the names of judges for Election Tribunals, then what was the issue?
The chief justice observed that the number of tribunals depended on the cases, hence the number of judges, based on the number of cases, should be decided.
The ECP counsel submitted before the court that the problem has been resolved now. The CJP observed that decisions on election reservations should be announced as soon as possible. Furthermore, the electoral body should ensure the establishment of rest of the election tribunals as soon as it can.
During the hearing, Salman Akram Raja stressed that the ECP should have implemented the LHC order. He further submitted that the apex court cannot dispose of the matter without giving a decision on the high court order, adding that earlier, the four judges who were nominated for the tribunals have been dropped. “Now do you want judges of your choice,” the CJP asked Raja, adding that when the LHC and ECP have settled the matter then what more he wanted.
The chief justice observed that let this matter be resolved according to the scheme of the Constitution, if there is any objection to the judges nominated for the election tribunal, then the question would also arise as to whether a judge can hear the case in his own interest because the name of the judge who decided the matter related to Punjab Election Tribunals was also included in the proposed six judges. The chief justice inquired that what is left for us to do when the matter has been resolved between the two institutions concerned.
During the hearing, the CJP observed that it is clear in the Constitution it is the ECP power to form a tribunal, adding that the term of parliament cannot be extended even by a day.
The chief justice remarked that the makers of the Constitution have wisdom. The Constitution is a very complex book which only a wise person can understand. The makers of the Constitution created the Election Commission as an institution, they can abolish it if they want. At present the ECP is a constitutional body, what will happen if the high court starts the electoral work?“We have also received such cases which have been proceeding on the order of injunction,” the CJP remarked, adding that National Assembly former deputy speaker Qasim Suri had also violated the Constitution by obtaining an injunction order which was termed by a judge as high treason. “Perhaps, the same deputy speaker has gone underground now,” the CJP remarked. Meanwhile, the court reserved the judgement.