Top court issues notice to ECP over delay in Punjab elections

If the reason for the delay in polls — as given by the election Commission of Pakistan–is accept ed, t hen elect ions will never take place, Pti lawyer tells Supreme Court

The Supreme Court on Monday issued notice to the Election Commission of Pakistan (ECP) for deferring elections in Punjab while directing the government and Pakistan Tehreek-e-insaf (PTI) to ensure peace for transparent elections.

The development came as the apex court court took up the PTI petition on the issue of the Punjab and Khyber Pakhtunkhwa (KP) elections.

A five-judge apex court larger bench headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Aminuddin Khan and Justice Jamal Khan Mandokhail heard the case.

Bandial while directing for a reply from the ECP remarked that elections are imperative to run the governance system.

Addressing the lawyers from both sides, the CJP sought assurances from both sides that elections would be peaceful. At the outset of the hearing on Monday, PTI lawyer Barrister Zafar told the court that the apex court, in its March 1 order, had instructed the ECP to decide on a date for elections in Punjab and Khyber Pakhtunkhkwa.

In its March 1 verdict, the Supreme Court had ordered to hold the elections to the punjab assembly within 90 days and that the date be announced by the president. It also directed the authorities to provide funds and security personnel to the ECP for the elections.

The PTI lawyer said: “On March 8, the ECP issued the schedule for elections in Punjab, whereas the KP governor did not announce a date for the polls.”

He contended that the electoral watchdog had thrice commited violations, explaining that the ECP had rejected the election schedule announced by the president.

Zafar further said that the electoral body has now delayed the elections till Oct.8, arguing that, “it does not have the authority to give a new date for the polls.”

“The election commission has violated the 90day period [for announcing the date of elections]. As per the Constitution, the ECP does not have the right to change the date [for polls] or extend the 90-day deadline,” he said, stressing that the ECP “overlooked” the court’s orders.

Justice Mandokhail asked: “What do you want from court?” To this, Zafar replied that the petitioner wanted the SC to ensure the implementation of the Constitution and its own orders.

“The execution of court orders is the responsibility of the high court,” Justice Mandokhail replied.

The PTI lawyer said that if the reason for the delay in polls - as given by the ECP - was accepted, then “elections will never take place.”

“The mater just does not concern to the court’s orders. The mater of elections in two provinces cannot be heard by high court,” he reasoned, adding that the apex court had earlier used its authority on the mater and still had jurisdiction over it.

Justice Akhtar said that the ECP’S decisions have become “an obstruction in the orders of the SC.”

“Only the Supreme Court can decide beter whether the orders were violated or not,” the judge observed.

In a separate development, it was reported that the Khyber Pakhtunkhwa is expected to have its first woman chief justice as two senior judges of the Peshawar High Court (PHC) are scheduled to retire this week.

PHC Chief Justice Qaiser Rashid, who is also a member of the Supreme Judicial Council (SJC), is retiring on March 30 and Senior Puisne Judge Roohul Amin Khan on March 31.

Ater their retirement, Justice Musarrat Hilali is the senior-most in the PHC judges’ seniority list. Therefore, she will be the first woman PHC chief justice until her retirement on Aug.7.

Supreme Court Chief Justice Umar Ata Bandial has yet to summon a meeting of the Judicial Commission of Pakistan (JCP) to consider the nomination of the new PHC chief justice. It is expected that Justice Musarrat will be appointed as an acting chief justice first. Later, she may be recommended as a permanent PHC head.

Former KP advocate general Shumail But said, “It is a proud moment for KP.”

“This is going to present a very sot image of Pashtuns to the world,” Sarwar Muzaffar Shah Advocate, who is doing practice at the PHC, said.

“Justice Musarrat’s appointment as the first woman chief justice of KP is a positive development in many aspects. She is a judge who demonstrates a lot of judicial courage on the bench which even some men judges lack.”