SC nullifies LHC's decision of rejecting election tribunals in Punjab
Pakistan
CJP Isa announces majority 5-0 verdict but two judges give additional notes
ISLAMABAD (Dunya News) – The Supreme Court on Monday nullified the decision of the Lahore High Court (LHC) regarding formation of election tribunals in Punjab.
A five-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, announced the reserved verdict.
The CJP announced the majority 5-0 verdict in which appeals of the Election Commission of Pakistan (ECP) were accepted.
“Not a single judge opposed the verdict, however, Justice Jamal Mandokhail and Justice Aqeel Abbasi wrote additional notes,” said the CJP.
He further cautioned against institutional confrontation, adding that the LHC verdict could never be presented as a precedent.
It must be noted that the LHC had rejected the ECP’s decision of appointing four judges in the election tribunals to which the ECP had approached the apex court.
WHEN DID SC RESERVE VERDICT IN ELECTION TRIBUNALS CASE?
The hearing on the appeal of the Election Commission of Pakistan (ECP) regarding the formation of election tribunals in Punjab was held in the Supreme Court (SC) on Sept 24 last.
A five-member larger bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, heard the case.
At the outset of the hearing, petitioner Salman Akram Raja raised objection to CJP Isa's presence on bench. The objection was raised by Raja's lawyer Advocate Hamid Khan.
“My lord! we want to submit an application,” said Khan. “You are a senior lawyer and I respect you, kindly have a seat, first let the order be read,” the CJP replied.
The irate CJP asked Raja to get himself separated from the case if he wanted and asked Attorney General Mansoor Awan to keep reading the order of previous hearing.
“We have objections as we don’t want you to be part of this bench,” Khan objected.
“Kindly be seated, we will hear you later,” responded CJP.
On this snub from the CJP, Khan left the court room in a huff.
During the hearing, ECP’s lawyer Sikander Bashir told the court that the Lahore High Court (LHC) chief justice had already established four tribunals, adding that other four tribunals would be established by the ECP.
“It means matter has been settled between the ECP and Chief Justice of the LHC?” asked Justice Aqeel Abbasi.
“Yes, as the law was changed so the new four tribunals would be established by the ECP,” replied ECP lawyer Bashir.
“The tenure of parliament is five years which cannot be extended. The cases of stay orders also come before the SC. Resolve those matters by yourselves which do not come under the court jurisdiction, I am tired of requesting again and again, look at the constitution what does it say?” remarked CJP Isa.
“The chief justice of the high court is not an ordinary person. Both the ECP and high courts are honourable institutions, the matter of likes and dislikes on the appointment of judges in tribunal should end now,” said Justice Jamal Khan Mandokhail.
“I don’t know how many cases are pending in Punjab and Balochistan,” he added.
Later, the apex court reserved the verdict on the ECP’s appeal.
