PTI to face consequences if intra-party polls found discrepant, CJP Isa says
Pakistan
PTI says only the affected party, not ECP, could approach apex court for appeal
ISLAMABAD (Dunya News) – Chief Justice of Pakistan (CJP) Qazi Faez Isa asserted that the Pakistan Tehreek-e-Insaf (PTI) would face repercussions if discrepancies were found in its intra-party polls.
These comments were made during the hearing of an appeal filed by the Election Commission of Pakistan (ECP) against a Peshawar High Court (PHC) ruling regarding PTI's intra-party polls and election symbol.
When the apex court reconvenes on Saturday morning, PTI lawyer Hamid Khan is scheduled to commence presenting his arguments.
CJP Isa emphasised that the Election Commission of Pakistan was a constitutional institution, and the court should not intervene in its matters.
He underscored that the Supreme Court should not assume the functions of a constitutional body.
CJP Isa noted that democracy was a fundamental right, asserting that it should prevail not only in a country but also within a political group.
Earlier, the Pakistan Tehreek-e-Insaf (PTI) on Friday objected to maintainability of ECP's appeal filed in the Supreme Court against PHC ruling on PTI's intra-party polls and election symbol.
A three-member Supreme Court bench headed by Chief Justice of Pakistan and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali conducted hearing of the appeal.
ECP counsel Makhdoom Ali Khan and other legal team members were present in the court as the hearing started.
PTI Chairman Barrister Gohar Ali Khan, Hamid Khan, Shoaib Shaheen, PTI Chief Election Commissioner Niazullah Niazi were also present. Barrister Ali Zafar joined the proceedings through video link from Lahore Registry.
The CJP asked whether Peshawar High Court had issued its detailed judgement to which PTI counsel Hamid Khan replied in negative. Makhdoom Ali Khan read out the PHC verdict. Hamid Khan took the stance that his client had not received any notice as yet.
The CJP said he had not gone through the case file as yet. The CJP then asked Hamid Khan how much time he needed to advance his arguments in the case.
Hamid Khan said he would be ready to present argument by Monday. The ECP counsel prayed to the court to let the commission allot election symbols on Saturday.
The CJP remarked that in case of proceedings in the case to start on Monday, the court will have to suspend the PHC decision. He then said the court was ready to conduct hearing of the case even on Saturday and Sunday.
Hamid then sought time till Saturday to prepare himself for the case. The ECP took the stance that PTI held its last intra-party polls in 2017. The party was bound to hold election in 2022. The ECP issued notice to the PTI for not conducting polls as per party constitution.
As the CJP inquired about notification of the chief election commissioner for party's elections, Hamid stated that he needed some time to furnish the required documents.
He then requested the court to hear first arguments regarding maintainability of the ECP appeal. He said he would give arguments that ECP appeal had no legal ground to be heard.
The PTI counsel maintained that ECP could not file appeal in the Supreme Court. Only the affected party could go to the apex court and the ECP had no legal grounds to approach the court itself.
The CJP asked should the ECP not defend its decision. The PTI counsel then asked could any judge file an appeal to the higher court against any verdict issued against his court.
Justice Isa observed that it was duty of the ECP to regulate function of all political parties and hold transparent polls. Counsel Hamid Khan said as per apex court judgement no institution could file an appeal to defend any decision issued by it.
The CJP remarked that custom collectors also filed appeals against rulings issued against their decisions. Maintainability of PTI appeal in the high court could also be questioned. If ECP would not go into appeal, his decisions would become meaningless.
Later the court, adjourned the proceedings for Friday Prayer. The proceedings will start again at 1:30 pm.
