ISLAMABAD, Jul 04 (APP): The Supreme Court of Pakistan on Thursday suspended the verdict of Lahore High Court (LHC) and the notificaton of Election Commission of Pakistan (ECP) regarding the establishment of election tribunals, and ordered to address the matter with consultation.
A five-member larger bench, led by Chief Justice of Pakistan Qazi Faez Isa and comprised on Justice Amin Ud Din Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Aqeel Abbasi heard the appeal against the establishment of election tribunal.
In its order regarding the hearing, the court said that the ECP’s lawyer showed the letter dated June 27, to the registrar LHC. The ECP first wrote letters to the high courts of four provinces for establishment of election tribunals. The first two tribunals were formed with collaboration of LHC which were insufficient, after that the names of six more judges were sent by the LHC as tribunals. It said that the ECP appointed only two judges out of six as tribunals. The dispute rises after the LHC formed more tribunals, it added.
The top court said that the ECP is a constitutional institution while the Chief Justice LHC is also the head of a constitutional institution. The matter could have been resolved if a meeting of chief justice LHC and ECP convened, it said, adding that the top court respects the both institutions.
The order said that the the Supreme Court left the matter to the consultation of the Chief Justice LHC and the ECP. The petition will remain pending with the top court until.
The order stated that immediately after the oath of the Chief Justice LHC, the ECP members should consult him in a meaningful way before the next hearing.
The Supreme Court also suspended the letter of ECP seeking a panel from the LHC for tribunal. It said that the Attorney General has also supported the meaningful consultation.
Earlier during hearing, Pakistan Tehreek e Insaf (PTI)’s Lawyer Niazullah Niazi objected over the bench and prayed to transfer the case to another bench.
ECP’s lawyer Sikandar Mehmand pleaded that in the previous hearing, the court had also issued a notice to the Attorney General for assistance and sought record of the formation of tribunals in other provinces.
Chief Justice of Pakistan Qazi Faez Isa remarked that the court has been scandalized a lot, now it is enough, why not it should send Niazullah Niazi’s case to Pakistan Bar for disciplinary action. He said that I was also the head of the two-member bench on the last hearing, so why no objection was raised then. The CJP remarked that now he doesn’t constitute the bench alone rather the entire committee makes it. When one person used to make the bench then there was never any objection, he said. He noted that Niazullah Niazi gets partial relief but still he is raising objection.
PTI’s lawyer Niazullah Niazi said that we were not a party in the first hearing, the person who is in jail also has an objection, I am objecting to what my client said.
The CJP said that the person you are referring to has appeared on video link from the jail but didn’t raised any objection on the bench. The court subsequently rejected the objection of PTI’s counsel.
The chief justice said that the license of a lawyer who scandalizes the Supreme Court will be suspended. You just wanted to spoil the case, he said.
Further hearing of the case was adjourned for indefinite time.
SC suspends LHC’s verdict regarding election tribunals
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