SC can’t order ROs to accept or reject nomination papers: CJP

ISLAMABAD: Chief Justice of Pakistan Justice Qazi Faez Isa on Monday said that they cannot ask the Returning Officers (ROs) either to reject or accept nomination papers of the aspiring candidates contesting elections and observed that the Election Commission of Pakistan was constitutionally mandated to deal with the election-related issues and holding elections in the country.

A three-member bench of the apex court headed by Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarat Hilali heard the contempt petition of PTI Chairman against the Election Commission as well as four provincial police chiefs and Chief Secretaries.

The court adjourned until January 15 after granting 3-days time to Latif Khosa, counsel for PTI to submit a reply in response to the report submitted by the Election Commission of Pakistan as well as Chief Secretary Punjab. Pakistan Tehreek-e-Insaaf leader Barrister Gohar Ali Khan had filed a contempt petition in the apex court for violating its order of December 22 in the matter seeking a level playing field for the upcoming general elections.

In pursuance of the court’s direction the ECP, Punjab Chief Secretary had submitted its report on the allegations levelled by PTI concerning level-playing filed to it. The Election Commission in its report submitted before the court that 76 percent of the PTI’s nomination papers had been accepted, contradicting the party’s assertions of denying a level playing field.

The CJP asked Khosa if he wanted the SC to rule that all the nomination papers filed by his party’s candidates must be accepted. “Do not beat around the bush. Tell us exactly what you seek from the SC. If there is any state institution you don’t have faith in, tell us… we will pass a suitable order in light of that,” the CJP observed. The CJP asked PTI’s counsel Latif Khosa whether he wanted the court to ask the ECP that all the nomination papers filed by his party’s candidates must be accepted.

Latif Khosa however, contended that Section 144 had been imposed to obstruct the PTI electoral activities while candidates of other parties were not being hindered. The CJP, however, told him that Section 144 applies to all political parties. “Neither Section 144 nor MPO has been challenged before us,” the CJP added.

The CJP also reminded the PTI counsel that the Supreme Court is not a political forum, asking him to use other forums for political purposes. “We are the Supreme Court, not the government, we are not running anyone’s campaign,” the CJP said “Stop whining here. If you don’t have trust in any Pakistan’s institution then what should be done,” the CJP said after Khosa complained that nomination papers of their top leaders were rejected by returning officers. The CJP said the Election Commission’s mandate is to conduct elections in the country. “[..] these are the institutions established by you [parliament]…respect these institutions,” the top judge remarked.

Justice Muhammad Ali Mazhar said that according to the report of the Election Commission, 1,195 nomination papers of PTI were filed. Latif Khosa however, contended that the nomination papers of none of the frontline candidates of PTI have been approved. Chief Justice Qazi Faiz Isa however, asked Khosa as if he was rejecting the reports by the ECP and the Punjab Chief Secretary, then he had to come up with something in writing. “Do not make verbal accusations,” Justice Isa cautioned.

“I think you want to postpone the elections”, the CJP told Khosa adding that the court has already made it clear that the elections are the work of the President and the Election Commission. “Why should the court hear matters related to the jurisdiction of the Election Commission”, the CJP told Khosa. During the hearing, Hamid Khan, also representing the PTI, prayed to the chief justice to hear the party’s case about the revocation of its electoral symbol on January 10. Later, the court adjourned the hearing until January 15.