PTI withdraws review petition: Don’t try to pass the buck to court, CJP tells Khosa

ISLAMABAD/PESHAWAR: The Pakistan Tehreek-e-Insaf (PTI) Monday withdrew its petition from the Supreme Court seeking a level playing field in the general elections.

Appearing in the court, the PTI counsel told the Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa that his decision had even snatched the field from the party and now they will approach the court of millions of people for survival of democracy.

A three-member bench of the apex court — headed by Chief Justice Qazi Faez Isa — disposed of as withdrawn the PTI’s contempt petition filed against the Election Commission of Pakistan and others.

Justice Muhammad Ali Mazhar and Justice Musarrat Hilali were the two other members of the bench.

Barrister Gohar Ali Khan, Chairman Pakistan Tehreek-e-Insaf (PTI), had filed the petition with the court under Article 184(3) of the Constitution, seeking a level playing field in the Feb 8 general elections.

The petition alleged that the district managements, and provincial and federal governments were not treating it on a par with the other political parties.

On December 22, 2023, a three-member bench of the apex court — headed by Justice Sardar Tariq Masood and comprising Justice Syed Mansoor Ali Shah and Justice Athar Minallah — after hearing the PTI petition in its order had held that a level playing field was essential for a healthy competition.

On Monday, Latif Khosa appeared before the court on behalf of the PTI and withdrew the petition. “I am under instructions to withdraw this petition as your January 13 order deprived us of more than 230 seats after denying the electoral symbol bat,” Khosa told the chief justice saying now they would approach the court of millions of people for survival of democracy.

“We don’t want to fight this case in your court, as your judgment has shattered the party after ousting it from the parliamentary politics,” Khosa told the chief justice. He said the PTI aspiring candidates will now contest as independent candidates.

“You have to accept our decision; if you don’t, it’s up to you,” the chief justice told Khosa but cautioned that he should not try to pass the buck on to the court. Justice Musarrat Hilali asked the counsel if he thought the elections were not transparent. Khosa replied that the elections were completely unfair saying they had given their blood and sacrifices for the judiciary.

The chief justice, however, told the counsel that it was not appropriate to talk about other cases in this case. Khosa alleged that the leader of the party they had struck alliance with was picked up and forced to hold a press conference. He further alleged that now preparations were being made to file a case against them even after joining the alliance.

“After your decision, the people of Tehreek-e-Insaf will now contest elections as independent candidates,” he said, adding that strange symbols had been awarded to those independent candidates. Justice Musarrat observed that election could be contested by making an alliance with another political party.

“Exactly, but we are not even being allowed this!” Khosa relied. At this, Justice Musarrat observed that the conduct of the Election Commission was not fair. “You have Article 187 of the Constitution and you can give orders for ensuring justice but we don’t want to fight this case further in your court,” Khosa told the chief justice.

He further told the counsel that if he didn’t accept the court decision, then there was nothing the court could do. The chief justice said the Election Commission had repeatedly directed the PTI to ensure intra-party elections but it paid no heed.

The chief justice said when the house of the PTI Chairman Gohar Ali Khan was raided, they issued orders adding that some of police personnel were also suspended. He further said that they had further asked Gohar if he was not satisfied, he could give it in writing to the court.

The chief justice recalled that when the court took up the election matter on the petition of PTI, the date was fixed within 12 days. Khosa told the court that the Awami National Party (ANP) also did not hold intra-party elections but the ECP after imposing Rs20,000 fine, allowed it to contest the elections.

The chief justice, however, observed that they had also examined it adding that as per law every political party was required to conduct intra-party elections within five years. Regarding the ANP, he said its five years had not yet completed for holding the intra-party elections. Later, the court disposed of the PTI’s petition as withdrawn.

Meanwhile, the Pakistan Tehreek-e-Insaf (PTI) has decided to withdraw its writ petition seeking the initiation of contempt of court proceedings against the Election Commission of Pakistan (ECP) after the Supreme Court’s decision upholding the ruling of the electoral watchdog on its intra-party election.

It may be recalled that the PTI had recently moved the Peshawar High Court (PHC) seeking contempt proceedings against the ECP over its failure to implement the court’s directives in the ‘bat’ symbol case.

In the petition, the PTI had requested the PHC to order the ECP to publish the certificate on its website about the holding of the intra-party election.

But the ECP was allegedly dragging its feet to implement the orders of the PHC. However, the PTI has now decided to withdraw the contempt plea after the verdict of the apex court upholding the order of the ECP, which had declared null and void the intra-party election of the PTI and had stripped it of its election symbol bat.

Talking to the media, Shah Faisal Ilyas Advocate said that the high court was supposed to take up the petition today, but the plea had become infructuous after the decision of the Supreme Court. He said that the PTI would withdraw the petition.