ISLAMABAD: The Supreme Court of Pakistan on Monday nullified the Lahore High Court’s (LHC) decision regarding the 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 declared the majority 5-0 decision, in which the 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 an additional note,” said the CJP. He further cautioned against institutional confrontation, adding that the LHC verdict could never be presented as a precedent.
It is important to note that the LHC had rejected the ECP’s decision to appoint four judges to the election tribunals, prompting the ECP to approach the apex court.
The hearing on the ECP’s appeal regarding the formation of election tribunals in Punjab took place in the Supreme Court (SC) on September 24. A five-member larger bench, headed by CJP Qazi Faez Isa, heard the case.
At the onset of the hearing, petitioner Salman Akram Raja raised an objection against CJP Isa. The objection was made 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 CJP asked Raja to separate himself from the case if he wished and instructed Attorney General Mansoor Awan to continue reading the order from the previous hearing.
“We have objections as we don’t want you to be part of this bench,” Khan stated.
“Kindly be seated; we will hear you later,” the CJP responded.
Following this rebuke from the CJP, Khan left the courtroom.
During the hearing, the ECP’s lawyer, Sikander Bashir, informed the court that the Chief Justice of the LHC had already established four tribunals, adding that the ECP would establish another four tribunals.
“It means the matter has been settled between the ECP and the Chief Justice of the LHC?” asked Justice Aqeel Abbasi.
“Yes, as the law was changed, the new four tribunals will be established by the ECP,” replied ECP lawyer Bashir.
“The tenure of Parliament is five years and cannot be extended. The cases involving stay orders also come before the SC; resolve those matters yourselves that do not fall under the court’s jurisdiction. I am tired of requesting this repeatedly; look at the constitution and see what it says,” remarked CJP Isa.
“The Chief Justice of the High Court is not an ordinary person; both the ECP and High Courts are honorable institutions. The matter of preferences regarding the appointment of judges in tribunals should end now,” said Justice Jamal Khan Mandokhel. “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.
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