Institutions should be independent: Supreme Court

ISLAMABAD: The Supreme Court (SC) on Thursday observed that the legal and constitutional institutions should be independent and directed the Election Commission of Pakistan to submit a report pertaining to re-polling in Sarai Naurang, Tehsil of Lakki Marwat, Khyber Pakhtunkhwa, in local bodies elections.

A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umer Ata Bandial heard a petition challenging the order of the ECP for re-polling in the area during local bodies elections.

Azizullah had challenged before the apex court the order of the ECP for re-polling on the seat of chairman in Sarai Naurang. The court directed the ECP to submit a report by February 8 regarding re-polling in Sarai Naurang. During the course of hearing, Justice Bandial remarked that they wanted that the ECP should ensure its constitutional obligation by holding elections in a transparent manner and without any pressure.

Latif Khosa, counsel for the petitioner, submitted that on account of law and order situation during the polling in Sarai Naurang for the slot of chairman, the ECP gave orders for re-polling. He submitted that the polling process at all polling stations remained normal except one polling station with zero casting, however, the ECP ordered re-polling at all polling stations.

Justice Mansoor Ali Shah asked the counsel if there was firing outside a female polling station and what he would say in this regard. The judge said that as per a report of the returning officer, the law and order situation was so worse that a person lost his life due to firing while due to panic, women could not come out from houses for polling. “On the report of the returning officer, the ECP ordered re-polling in the area”, Justice Mansoor Ali Shah said.

Khosa did not agree to the report of the returning officer and said he believed in the sovereignty of the ECP. He contended that the ECP should have submitted a fair report on the matter.

The director general (Legal) ECP sought some time for filing a comprehensive report on the matter. The counsel for the petitioner submitted that the ECP had given February 13 the date for re-polling in the area. He prayed to the court to give a decision on his petition before that date. Later, the court accepted the ECP request for submitting a report on the matter and adjourned the hearing until February 8.