SC suspends ECP notification, LHC decision on election tribunals in Punjab
Pakistan
Chief Justice Isa expressed his displeasure and said that the court has been scandalised
ISLAMABAD (Dunya News) – The Supreme Court on Thursday suspended the decision of the Lahore High Court (LHC) and the notification by the Election Commission of Pakistan (ECP) concerning the establishment of election tribunals in Punjab.
The bench, comprises CJP Qazi Faez Isa, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Aqeel Ahmed Abbasi, heard the case and announced the verdict.
The court ordered the LHC chief justice and the ECP to hold a “meaningful consultation” on the issue.
Earlier, Chief Justice Qazi Faez Isa rejected the objection of the Pakistan Tehreek-e-Insaf (PTI) on his inclusion in the larger bench.
Salman Akram Raja's counsel, Hamid Khan, filed a request for adjournment, while PTI's Advocate Niazullah Niazi objected to the chief justice's inclusion in the bench, arguing that his client believes he should not be a part of the bench.
The CJP dismissed the objection, stating that the current bench would proceed with the hearing and the bench proceeded with the case.
It may be recalled that on June 20, Chief Justice Isa had ordered placing the ECP’s appeal before the special committee under the Practice and Procedure Act, 2023, for constitution of a five-judge larger bench.
Meanwhile, the chief justice asked Salman Akram Raja about his objection to him (the CJP) to which he replied that he had no objection in his personal capacity.
Chief Justice Isa expressed his displeasure and said that the court had been scandalised. He said why not Niazullah Niazi's case be referred to the Pakistan Bar [Council] for disciplinary action against him?
CJP Isa added that he was the head of the two-member bench that heard the case. Why objection was not raised against him during that hearing? The benches are constituted by a committee now and not by a single person. No objection was ever raised when one man used to constitute the bench, he remarked.
Justice Mandokhail said that the committee had constituted the bench. Three members joined the bench later, and apparently the objection was on him. Advocate Niazi replied in the negative.
He submitted that he was not a party in the case on the previous hearing. His client has an objection and he was acting on his advice.
The chief justice said that they wanted to make headlines by raising objections on the bench and warned that the licence of the lawyer who scandalises the Supreme Court would be suspended.
"Your objection has been noted. Please take your seat," CJP Isa remarked. "This matter is between the Election Commission and the Chief Justice. Why does a private individual have such an interest in this case?"
