ISLAMABAD (Dunya News) - Islamabad High Court (IHC) has suspended the Election Commission of Pakistan’s (ECP) order to change election tribunals hearing Pakistan Muslim League Nawaz (PML-N) leaders cases of electoral rigging.
IHC’s Chief Justice Aamer Farooq heard the petition filed by Ali Bukhari and others challenging election tribunals change.
PML-N leaders Anjum Aqeel, Tariq Fazal Chaudhry, and Khurram approached the ECP to transfer tribunal judge hearing reviews in Islamabad's three constituencies. They noted in the application they fear they will not receive justice due to perceived bias and undue haste shown by the tribunal.
The petitioners argued that the tribunal's actions compromised their right to a fair trial, a fundamental right protected under Article 4 of the Constitution. They stressed that every Pakistani was entitled to a fair trial.
ECP bench, led by Chief Election Commissioner Sikandar Sultan Raja, approved the PML-N leaders' petition to transfer the cases to another tribunal.
However, the PTI-backed independent candidates then moved the IHC against the ECP's decision of tribunal change , with the court initially barring the new tribunals from hearing the cases.
IHC's Aamer Farooq inquired the additional attorney general how he would defend this ordinance and why this ordinance was passed over the night.
Justice Aamer remarked “This law has been taken from Britain, have you ever seen an ordinance passed there? Abolish the parliament and run the government through ordinances.
" You people have set up an ordinance factory, one is the Wah factory and the other is an ordinance factory, The Wah factory makes weapons and you make ordinances. What was the bias against the judge that the election commission saw?” Justice Aamer Farooq added.
The court inquired from Aqeel Anjum why did he mention nepotism and bias in his plea seeking tribunal change, “You are a parliamentarian, you have to legislate, why did you accuse the judge. How could you sign affidavit without reading it” Aamer Farooq added.
PML-N legislator Aqeel Anjum replied, "My English is weak, I don’t know about these legal terms and i haven’t read the affidavit. Aqeel Anjum apologised to the court and claimed that the use of language in the plea was unintentional and didn’t want to attempt contempt of court by disrespecting judges.
Court has also issued to show-cause notice to Anjum Aqeel Khan on contempt of court and ordered him to ensure his appearance in every hearing of the case.
The IHC’s verdict mentioned that upon judicial inquiry Anjum Aqeel Khan couldn’t clarify the use of words in his application.
The court adjourned the hearing till July 9 by issuing a contempt of court notice to Anjum Aqeel.