Snatching party symbol is unconstitutional, violation of basic human rights: PTI
Pakistan
Barrister Ali Zafar tells PHC that the ECP’s intraparty polls orders were fully implemented
PESHAWAR (Dunya News/Web Desk) – The PTI on Tuesday argued that withdrawing symbol of any political party was a violation of basic rights and unconstitutional, as it is trying to regain “bat” before the Election Commission of Pakistan (ECP) allots symbols to the candidates for the February 8 elections.
No law allows the ECP to make such a decision which leaves a party dysfunctional, Barrister Ali Zafar – the lead counsel for petitioner – said as a two-member bench of Peshawar High Court (PHC) started hearing a plea filed by the PTI against the decision on intraparty polls and withdrawal the party symbol.
His client had fully implemented the ECP orders regarding organising intraparty elections within 20 days, he said in his arguments.
However, the ECP counsel was of the opinion that no candidate had been allowed to contest the PTI intraparty polls held on December 2.
PROCEEDINGS DELAYED
Earlier in the day, hearing was suspended twice, forcing the court to remark whether the complainant has any interest in the matter.
It was the absence of PTI Chairman Barrister Gohar which delayed the hearing, who could not reach the court on time, which resulted in Qazi Anwer – one of the counsel representing the petitioner – to request the bench comprising Justice Ijaz Anwer and Justice Arshad Ali to suspend the hearing.
Read more: Peshawar High Court admits 'bat' doesn't belong to PTI, restores ECP orders
As the hearing began, Qazi Anwer, who is assisted by Shah Faisal UtmanKhel, informed the court that the party chairman was on his way from Islamabad and would reach Peshawar soon. To which Justice Ijaz directed him to submit their reply, saying the ECP had already filed its response.
But Gohar wasn’t there after the hearing resumed some time. “Don’t you have any interest,” Justice Ijaz asked, adding, “We reach the Supreme Court [in Islamabad] at 8:30am.”
“What would they have when we will make a decision [on the subject]?” he wondered. But Qazi Anwer insisted that Gohar wasn’t far away.
During the hearing, the ECP counsel, Sikandar Mohmand remarked that the person to whom notice was issued hadn’t reached, but his applications were available with the country’s top body responsible for election-related affairs.
However, Gohar and Zafar later reached the court and apologised for the delay, resulting in resumption of hearing.
WHAT IS THE ISSUE?
This ongoing saga is a product of the ECP’s orders issued to the PTI to hold intraparty polls – an exercise which didn’t meet the standards – and followed by the decision of depriving the party of its symbol – “bat” last month on December 22.
However, the PTI challenged the move and a single-member bench comprising Justice Kamran Hayat Miankhel, who JUI-F and others claim is the close relative of a PTI leader, suspended the ECP decision on December 26.
But Justice Ijaz Khan of the PHC on January 3 accepted a review petition submitted by the ECP whose main argument was that the electoral body had a complete authority to pass the orders and suspending its orders was a violation of laws and the Supreme Court precedents besides being illegal for providing the “end relief” in the name of “ad hoc relief”.
