Islamabad (Web Desk): The Supreme Court (SC) on Thursday suspended the verdict of the Lahore High Court (LHC) and the notification by the Election Commission of Pakistan (ECP) regarding establishment of election tribunals to heal election petitions.
A five-member SC bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Naeem Akhtar Afghan, and Justice Aqeel Ahmed Abbasi heard the ECP’s appeal against the LHC's decision on forming eight tribunals for hearing election petitions related to national and provincial assembly constituencies.
During the hearing, PTI lawyer Niazullah Niazi to the inclusion of the CJP in the bench, a motion swiftly dismissed by Justice Isa.
"Why not refer Niazullah Niazi's case to the Pakistan Bar Council? Are we here to be insulted? Enough is enough," the CJP s remarked adding, "We are aware of your political affiliations and will not tolerate continued contempt of the judiciary. This must end."
CJ Isa emphasised that the authority to form benches now lies with the Practice and Procedure Committee, marking an end to the era when the CJ had that prerogative.
Justice Aqeel Abbasi remarked that it is very important to submit the ECP’s letter of February 15.
“You asked for a panel, what does it mean? Is the Chief Justice bound by the Election Commission's likes and dislikes? Can the Election Commission give instructions to the Chief Justice? You cannot choose the judges yourself,” Justice Abbasi said.
CJP Isa said that only the concerned chief justice knows about the availability of the judges.
If the ECP had any objection to a judge, it could have explained the reason. The ECP could have met the CJ and solved the problem.
“Why doesn't the ECP consult the Chief Justice of Lahore High Court now? Tell me what is the obstacle in counseling now?," the CJP inquired.
Responding to this, the ECP’s lawyer said the the electoral body has written an appointment letter to the Registrar High Court, but no response has been received yet.
Justice Jamal Mandukhel said that if the Chief Justice was told which areas judges are required, he would have provided them. “Is it mandatory that a judge should go from Lahore to Multan when a judge is already available there?
Stressing that the issue arose after the LHC created additional tribunals, the SC decided to keep the said case pending before the court and left the matter to the consultation between the ECP and the LHC chief justice.
The top court, suspending the LHC’s decision and ECP’s notification issued on April 26, ordered meaningful consultations between the CJ of the LHC and the Chief Election Commissioner (CEC) regarding the issue following the appointment of the new Chief Justice.
The SC then adjourned the hearing for an infinite period.
