On Friday, the Supreme Court (SC) emphasized that the regulation of political parties falls within the purview of the Election Commission of Pakistan (ECP).
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa made these remarks during the hearing of the Election Commission of Pakistan’s (ECP) appeal against the Peshawar High Court’s (PHC) verdict that reinstated the Pakistan Tehreek-e-Insaf’s (PTI) electoral symbol — the bat.
“The SC will not interfere in the domain of the Election Commission of Pakistan. However, if the ECP commits any unconstitutional act, then the court can look into it,” added the CJP.
A three-member bench, led by Chief Justice Qazi Faez Isa and including Justice Muhammad Ali Mazhar and Justice Musarat Hilali, is hearing the electoral body’s appeal. The proceedings are being broadcast live on the SC website and YouTube channel.
Barrister Gohar, Shoaib Shaheen, Niazullah, and Waleed Iqbal attended the court proceedings. PTI’s lawyer Hamid Khan noted that the SC has clarified that no institution can file an appeal against the verdicts.
The CJP Isa observed that the ECP can file a review on appeals; otherwise, its decisions would have no worth. He added that if PTI’s argument is accepted, questions will also be raised on its appeal in the Peshawar High Court.
When asked by CJP Isa whether the PHC’s written order had been issued, Makhdoom replied that it had not. The lawyer then read out the PHC order that restored PTI’s ‘bat’ symbol, mentioning that the ECP had not yet received any notice of the PHC order.
The chief justice remarked that he had not read the case file and asked Makhdoom when he would be ready to present the case. The counsel urged the SC to adjourn the hearing till Monday, stating that political parties would be allotted electoral symbols the next day.
CJP Isa observed that to adjourn the hearing till Monday, the PHC’s recent verdict would have to be suspended, expressing the apex court’s readiness to hear the case on Saturday and Sunday as well. The ECP lawyer then sought time until tomorrow to prepare for the case.
Regarding the PHC verdict, PTI regained the ‘bat’ as its election symbol after the Peshawar High Court nullified the Election Commission of Pakistan’s order to strip the party of using the ‘bat’ symbol.
PTI had challenged the ECP’s decision declaring the intra-party election null and void and revoking their electoral symbol “bat.” A two-member PHC bench comprising Justice Ijaz Anwar and Justice Arshad Ali announced the verdict.
