ISLAMABAD: In a hearing led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the Supreme Court reviewed the Peshawar High Court’s (PHC) decision to restore the Pakistan Tehreek-e-Insaf’s (PTI) electoral symbol, the ‘bat’. The Election Commission of Pakistan (ECP) had earlier barred the PTI from using the symbol, citing irregularities in their internal polls.
During the hearing, CJP Isa questioned whether the PHC declared the PTI’s intra-party polls in line with the law. He emphasized that the issue of the electoral symbol came later, and the court needed to first assess the legitimacy of the party’s intra-party elections. The CJP expressed his belief that the PHC’s decision to restore the PTI’s symbol was prima facie flawed.
PTI lawyer Hamid Khan and ECP lawyer Makhdoom Ali Khan presented their arguments. CJP Isa stated that the Supreme Court would not interfere in the ECP’s domain unless the commission committed an unconstitutional act. The PTI requested an adjournment until Monday, but CJP Isa noted that the PHC decision would need to be suspended for three days if the case was adjourned.
The court questioned the locus standi of both the ECP and PTI in the case. The ECP argued that it had the authority to issue electoral symbols to political parties, while PTI’s counsel challenged the ECP’s right to challenge the PHC verdict. CJP Isa emphasized the ECP’s role as a constitutional body responsible for overseeing political parties and conducting transparent elections.
The ECP argued that PTI’s intra-party elections were kept secret, and the documents submitted were inconsistent with facts. The CJP inquired about the resignation of Asad Umar, a former PTI secretary general, and raised concerns about the validity of PTI’s intra-party polls. The court observed that if political parties’ right to vote within the party was taken away, it could be considered a violation of rights.
The court then adjourned the hearing until the next day, with PTI’s lawyer expected to continue presenting arguments. Meanwhile, the PHC issued a notice to the ECP regarding PTI’s plea for contempt of court proceedings, alleging the ECP’s failure to comply with the PHC’s order on intra-party polls. The ECP had also filed an appeal against the PHC’s decision, questioning the justification for disposing of the writ petition through a short order without detailed reasons.
The legal battle revolves around the legitimacy of PTI’s intra-party polls and the ECP’s authority to scrutinize and validate them. The outcome will determine whether PTI can retain its iconic ‘bat’ symbol for the upcoming elections.
