- PTI’s Hamid questions maintainability of plea, saying ECP appeal has no legal ground to be heard
- Both ECP, and PTI counsels seek time till tomorrow to prepare for presenting arguments
ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa on Friday observed that regulating political parties is the job of the Election Commission of Pakistan (ECP) and the court will not interfere in its domain. However, if ECP commits any unconstitutional act then the court can look into it.
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa made the remarks while hearing the Election Commission of Pakistan’s (ECP) appeal against the Peshawar High Court (PHC) verdict restoring the Pakistan Tehreek-e-Insaf’s (PTI) electoral symbol — bat.
The apex court’s bench, led by Chief Justice Qazi Faez Isa, comprising Justice Muhammad Ali Mazhar and Justice Musarat Hilali.
The proceedings of the case are being broadcast live on the SC website and YouTube channel.
ECP counsel Makhdoom Ali Khan and other legal team members were present in the court as the hearing started. PTI Chairman Barrister Gohar Ali Khan, Hamid Khan, Shoaib Shaheen, PTI Chief Election Commissioner Niazullah Niazi were also present. Barrister Ali Zafar joined the proceedings through video link from Lahore Registry.
The ECP can file a review on appeals else there will be no worth of its decisions, the CJP remarked and added if the argument of PTI is accepted then questions will also be raised on its appeal in Peshawar High Court.
The CJP Isa asked the ECP’s counsel Makhdoom Ali Khan whether the PHC’s written order had been issued or not, to which the latter replied that not yet.
The lawyer then read out the PHC order that restored the PTI’s ‘bat’ symbol. He said that the ECP had not yet received “any notice” of the PHC order, to which the chief justice said, “I have not read the case file either.”
The top judge asked Makhdoom Ali Khan when he would be ready to present the case, at which the counsel urged the SC to adjourn the hearing till Monday. Makhdoom further said that the political parties would be allotted electoral symbols tomorrow.
Hamid Khan took the stance that his client had not received any notice as yet. The CJP said he had not gone through the case file as yet.
The CJP then asked Hamid Khan how much time he needed to advance his arguments in the case.
Hamid Khan said he would be ready to present argument by Monday. The ECP counsel prayed to the court to let the commission allot election symbols on Saturday. The CJP remarked that in case of proceedings in the case to start on Monday, the court will have to suspend the PHC decision. He then said the court was ready to conduct hearing of the case even on Saturday and Sunday.
Hamid then sought time till Saturday to prepare himself for the case. The ECP took the stance that PTI held its last intra-party polls in 2017.
The party was bound to hold election in 2022. The ECP issued notice to the PTI for not conducting polls as per party constitution. As the CJP inquired about notification of the chief election commissioner for party’s elections, Hamid stated that he needed some time to furnish the required documents.
He then requested the court to hear first arguments regarding maintainability of the ECP appeal. He said he would give arguments that ECP appeal had no legal ground to be heard. The PTI counsel maintained that ECP could not file appeal in the Supreme Court. Only the affected party could go to the apex court and the ECP had no legal grounds to approach the court itself. The CJP asked should the ECP not defend its decision. The PTI counsel then asked could any judge file an appeal to the higher court against any verdict issued against his court.
The ECP lawyer then sought time till Saturday (tomorrow) to prepare for the case.
PHC verdict
Pakistan Tehreek-e-Insaf (PTI) Wednesday got back ‘bat’ as its election symbol after the Peshawar High Court (PHC) nullified the Election Commission of Pakistan’s (ECP) order to strip the party of using the ‘bat’ symbol.
Pakistan Tehreek-e-Insaf moved Peshawar High Court to challenge the Election Commission of Pakistan’s (ECP) decision declaring the intra-party election as null and void and revoking their electoral symbol “bat”.
A two-member Peshawar High Court (PHC) bench comprising Justice Ijaz Anwar and Justice Arshad Ali announced the verdict.
