SC suspends LHC verdict on election tribunals

ISLAMABAD, July 4 (APP): The Supreme Court of Pakistan on Thursday stayed the judgment of the Lahore High Court (LHC) and the notification of the Election Commission of Pakistan (ECP) regarding the setting up of election tribunals and directed that the matter be taken up after consultations.
A five-member expanded bench headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Amin Ud Din Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Aqeel Abbasi heard the appeal against the establishment of an election tribunal.
In its order for hearing, the court said that the ECP’s counsel had submitted the letter dated June 27 to the Registrar LHC. The ECP had initially written letters to the high courts of four provinces demanding the setting up of election tribunals. The first two tribunals were set up in collaboration with the LHC but were inadequate. After that, the names of six more judges were sent by the LHC as tribunals. It said the ECP had appointed only two out of six judges as tribunals. The dispute flared up after the LHC set up more tribunals, it said.
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 was called between the Chief Justice LHC and the ECP, it said, and the top court respects both the institutions.
The order states that the Supreme Court has referred the matter for consultation of the Chief Justice LHC and the ECP. The petition remains pending in the Supreme Court till then.
The order stated that the ECP members should fully consult the Chief Justice of the LHC immediately after his swearing-in before the next hearing.
The Supreme Court also stayed the ECP’s letter seeking a panel of the LHC for a tribunal, saying that the Attorney General too had supported meaningful consultation.
Earlier, during the hearing, Pakistan Movement for Justice (PTI) lawyer Niazullah Niazi objected to the court and asked that the case be transferred to another court.
ECP’s counsel Sikandar Mehmand submitted that in the previous hearing, the court had also made a request for assistance to the Attorney General and asked for records regarding the constitution of courts in other provinces.
Chief Justice of Pakistan Qazi Faez Isa remarked that there has been a lot of scandal in the court, now it is enough, why should it not refer Niazullah Niazi’s case to the Pakistan Bar Association for disciplinary action? He said that in the last hearing, I was also the chairman of the two-member bench, so why was no objection raised then. The chief justice remarked that now he is not constituting the bench alone, but it is being constituted by the entire committee. Earlier, when one person constituted the bench, there was never any objection, he said. He noted that Niazullah Niazi is being partially exonerated, but he is still raising objection.
PTI lawyer Niazullah Niazi said that we were not a party to the first hearing. The person in prison also objected: “I object to my client’s statement.”
The CJP said that the person you are referring to appeared via video link from prison but did not object to the decision. The court then dismissed the appeal filed by the PTI lawyer.
The Chief Justice said that the license of any lawyer who drags the Supreme Court into scandal will be suspended. They only want to mess up the case, he said.
The further hearing of the case was adjourned indefinitely.