ISLAMABAD, June 20 (Online): Supreme Court (SC) has sent appeals from Election Commission (EC) against Lahore High Court (LHC) decision regarding constitution of election tribunals to judges committee.
Committee will constitute larger bench next week in respect of these appeals.
SC has issued notice to Attorney General (AG) besides seeking details about constitution of tribunals in other provinces from EC.
The Chief Justice of Pakistan (CJP) Qazi Faez Isa has remarked the matter be placed before the committee as soon as possible. Promulgating presidential ordinance is insult of the parliament. If ordinance has to be brought then shut the parliament. How can the change be made through presidential ordinance. On one side parliament has enacted law. How can the ordinance be brought after enactment of law by parliament .
What was reason for bringing ordinance. Was there any emergency. The ordinance came from where after the enactment of law by parliament. This is too interference in election. Election act was desire of parliament. This ordinance was of whose desire. Either value of parliament is more or value of cabinet. The decision of high court was negated through this ordinance. The constitution is very clear. The powers of constitution of election tribunals rest with EC. Section C of article 219 has made it amply clear. We have taken oath under law and constitution and not on courts decisions. Whenever SC made constitutional interpretations , complications came into being , the CJP gave these remarks on Thursday.
The CJP directed Suleman Akram Raja not to come in uniform being respondent in the case.
Justice Naeem Akhtar Afghan remarked we want to see as to why the problem of constitution of tribunals was not created in other provinces. The proceedings of tribunals is near to completion in Balochistan. When I was chief justice of Balochistan high court I had said in clear terms the powers to constitute tribunals rest with EC.
A two members bench of SC presided over by CJP Qazi Faez Isa took up for hearing appeal plea filed by EC against constitution of election tribunals.
Sikandar Bashir counsel for EC and Suleman Akram Raja counsel for PTI appeared in the court.
Sikandar Bashir counsel for EC opened the arguments.
He told the court there is matter of interpretation of article 219 © in the case.
The CJP inquired tell us some facts of the case.
The counsel for EC said EC wrote letters to all high courts for constitution of tribunals on February 14. The constitution of tribunals is mandate of EC. Through the letters the lists of name of judges were sought from all high courts. The panels of judges name were sought from high courts. Lahore High Court gave name of two judges on February 20 Both the judges were notified for election tribunals. More two judges were notified as election tribunals on April 26.
CJP stopped the counsel for saying the word respectable for high court.
The CJP Qazi Faez Isa remarked you are saying respectable to high courts. This is said for judges.
He inquired English language is of England. Is the word respectable used for parliament there.
He remarked here the parliamentarians don’t give respect to each other. They exchange abuses with each other. We want there should be respect. Why EC is not called respectable. Is EC not respectable.
Counsel for EC said no dispute arose to the extent of establishment of 4 election tribunals.
Justice Qazi Faez Isa inquired can chief election commissioner and chief justice not meet each other. Is it essential to make every thing controversial in Pakistan. There was dispute between president and EC over the date of election. Why the letters are being written by registrar high court. Had Chief justice and Election Commission sit together then some solution to dispute would have come out. Had they talked to each other by sitting together then they would have reached some outcome. Is meeting between chief justice and election commission prohibited.
Justice Naeem Akhtar Afghan remarked election commission wrote letters to all high courts. No dispute arose. No dispute arose any where except Lahore High Court.
Justice Qazi Faez Isa remarked is it any issue of ego.
Later the CJP Qazi Faez Isa expressed annoyance over election commission on the matter of holding election and constitution of election tribunals.
The CJP remarked it is beyond understanding as to why EC did not talk to Chief Justice LHC. It is not written anywhere in the constitution no meeting can be held with any judge. What is the matter of ego in holding meeting. Both are constitutional institutions. Why EC becomes disputed. You failed in holding election.
He remarked the responsibility of cases in SC rests with me.
The CJP while addressing the counsel remarked don’t make your weakness reason.
The CJP inquired from Suleman Akram Raja has the ordinance not been challenged.
Suleman Akram Raja said ordinance has been challenged in Lahore and Islamabad high courts.
The CJP inquired why different high courts. Ordinance will stand promulgated in the entire country.
The court while adjourning the hearing sent the matter to judges committee for constituting larger bench. Notice was also issued to AG.
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