ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa emphasized that the Election Commission of Pakistan (ECP) is a constitutional body, and external interference in its jurisdiction is impermissible.
“The Supreme Court will refrain from intervening in the Election Commission of Pakistan’s domain. However, should the ECP engage in any unconstitutional conduct, the court reserves the right to scrutinize it,” noted the Chief Justice.
These comments were made during a hearing on the ECP’s petition challenging the Peshawar High Court’s (PHC) decision to reinstate the Pakistan Tehreek-e-Insaf’s (PTI) electoral symbol, the bat.
A three-member bench, led by CJP Isa and including Justice Muhammad Ali Mazhar and Justice Musarat Hilali, presided over the proceedings, which were broadcast live on the Supreme Court’s website and YouTube channel. The hearing was adjourned until 1:30 pm on the same day.
Representatives for PTI, Advocate Hamid Khan, and Barrister Ali Zafar, as well as senior counsel Makhdoom Ali Khan representing the ECP, were present during the hearing.
The PHC had overturned the ECP’s decision on Wednesday, prompting PTI leaders to file a joint petition challenging the ECP’s decision as illegal and outside its jurisdiction.
The ECP subsequently approached the Supreme Court, filing a petition for leave to appeal under Article 185(3) of the Constitution against the PHC’s brief order.
CJP Isa expressed a willingness to forgo the weekly off-days to expedite the hearing of election-related cases and emphasized the importance of timely and lawful elections.
During the hearing, PTI’s counsel sought an adjournment until Monday to prepare for the case. CJP Isa cautioned that if the hearing was postponed until Monday, the PHC decision would be suspended for three days.
ECP counsel Makhdom Ali Khan informed the bench that electoral symbols for the February 8 polls would be allocated to candidates the following day.
PTI’s counsel challenged the ECP’s right to appeal, arguing that the electoral body couldn’t contest the PHC verdict in the Supreme Court as it wasn’t an affected party. CJP Isa countered, stating that questioning the ECP’s right to appeal would also raise concerns about PTI’s decision to approach the PHC.
CJP Isa underscored the ECP’s role as a constitutional body responsible for managing political affairs and conducting transparent elections. He warned that questioning the ECP’s right to appeal could undermine its decisions, emphasizing the distinction between constitutional and legal entities.
