During the proceedings, Chief Justice Isa objected to the use of the term “respectable” for the high court, noting that it is traditionally reserved for judges.
Islamabad: During a hearing on the Election Commission of Pakistan‘s (ECP) appeal against the formation of election tribunals, Chief Justice Qazi Faez Isa emphasized that the constitution clearly grants the authority to form election tribunals to the ECP.
The two-member bench, comprising Chief Justice Qazi Faez Isa and Justice Naeem Akhtar Afghan, heard arguments from the ECP’s counsel Sikandar Bashir and PTI’s counsel Salman Akram Raja.
The ECP’s counsel began by explaining that the case involves the interpretation of Article 219(c) of the Constitution. Chief Justice Isa asked for a summary of the case, to which the ECP’s counsel responded that on February 14, the ECP had written to all high courts regarding the formation of tribunals, a power vested in the ECP.
The counsel detailed that high courts were asked to provide lists of judges for the tribunals. The Lahore High Court responded on February 20 with two names, both of whom were notified as tribunal judges. On April 26, two more judges were appointed.
During the proceedings, Chief Justice Isa objected to the use of the term “respectable” for the high court, noting that it is traditionally reserved for judges. He questioned why the ECP wasn’t afforded the same respect, pointing out that mutual respect is lacking among parliamentarians.
The Chief Justice raised concerns about unnecessary disputes, emphasizing that issues could be resolved through dialogue. He questioned why the Chief Election Commissioner and Chief Justice could not meet to resolve such matters, criticizing the tendency to make everything contentious.
Justice Naeem Akhtar Afghan added that while the ECP had written to all high courts, only Lahore High Court presented a conflict, whereas the process was proceeding smoothly in other regions like Balochistan.
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Following a break, the hearing resumed with Chief Justice Isa expressing frustration over the ECP’s handling of tribunal formations. He questioned why the ECP did not consult with the Lahore High Court Chief Justice, as there is no constitutional barrier to such meetings.
Additionally, Chief Justice Isa scrutinized a presidential ordinance issued by Acting President Yousuf Raza Gilani, arguing that ordinances undermine parliamentary authority and are not a substitute for legislative processes. He reiterated that Article 219(c) clearly delineates the ECP’s powers.
The ECP’s counsel clarified that he was not defending the ordinance and noted that the ordinance was brought by the cabinet and the Prime Minister. Chief Justice Isa questioned the necessity of the ordinance and its conflict with parliamentary laws, suggesting it was an unwarranted intervention in the electoral process.
Justice Isa further challenged PTI’s counsel Salman Akram Raja on any reservations about high court judges, stressing that remarks against the Lahore High Court would not be accepted. The Chief Justice concluded by questioning the widespread challenge to the ordinance across various high courts, pointing out its nationwide implications.
The hearing highlighted the Supreme Court’s insistence on clear constitutional adherence and mutual respect among governmental institutions in the election process.
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