ISLAMABAD, FEB 16 (Online): Supreme Court (SC) has sought details from Election Commission (EC) about all the correspondence made in all institutions in transfer case of CCPO Lahore Ghulam Mehmood Dogar.
The court remarked in the perspective of elections that the EC is doing all the jobs except its own job. If the elections are not held in 90 days then it will be violation of the constitution.
A two member’s bench of SC comprising Justice Ijaz ul Ahsan and Justice Syed Mazahir Ali Akbar Naqvi took up the petition filed by Ghulam Muhammad Dogar for hearing Thursday.
Chief Election Commissioner also appeared in the second part of hearing on being summoned by the court.
At the inception of hearing Justice Ijaz ul Ahsan inquired as to why CCPO Lahore was transferred despite SC order. What was so haste in transferring Ghulam Muhammad Dogar.
The counsel for Punjab government told the court Ghulam Muhammad Dogar was transferred for the second time with the permission of EC.
The court remarked what is role of EC in the transfer of officers. Commission has its role after the announcement of elections
Additional Advocate General Punjab said permission was sought from EC due to induction of caretaker government in the province.
He further said as per constitution the elections are required to be held after 90 days of the induction of care taker government.
Justice Ijaz ul Ahsan inquired then tell us where is theelection
Justice Mazahir Naqvi remarked half Punjab was transferred. Is there any district in Punjab where transfer of any one has not been made.
Justice Ijaz ul Ahsan remarked was SC order not in the knowledge of EC. It is doing all jobs except its own job.
On resumption of proceedings of the court after a short interval Justice Ijaz ul Ahsan remarked the constitution makes it binding on holding polls in 90 days at every cost. Holding election is responsibility of EC.
He further remarked if the election is not held within the stipulated period then it will be breach of the constitution. There is no ambiguity in the constitution for holding election in 90 days.
Justice Ijaz ul Ahsan further remarked holding transparent election is the responsibility of only EC.
He observed the care taker government cannot make transfers and postings. If care taker government wants transfer of any officer then it will file application with solid reasons. The EC is bound to issue proper order after reviewing the reasons.
Chief Election Commissioner Sikandar Sultan Raja said we will stop the transfer and postings if court orders. If we ourselves give date for election then it will be violation of the constitution. I am being prevented from exercising my powers and pursuing constitutional norms.
He further said When security was demanded from army then it was denied. The judiciary refused to provide ROs when demanded. When funds were demanded for holding polls then these were also denied.
When the powers have been restricted then how can we hold transparent and fair elections, he added.
The court ordered Chief Election Commissioner to appear before it again on Friday along with the relevant record and detailed report about the hurdles on the way to election and adjourned the hearing of the case.
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