SC stays ECP notification, LHC verdict on election tribunals

The Supreme Court (SC) on Thursday stayed the decision of the Lahore High Court (LHC) and the notification of the Election Commission of Pakistan (ECP) regarding the establishment of election courts in Punjab.

The court also dismissed PTI leader Niazullah Niazi’s objection to the inclusion of Chief Justice Qazi Faez Isa in the expanded panel in the election tribunal proceedings. An expanded five-member panel headed by Chief Justice Isa met to hear the Election Commission’s appeal against the Lahore High Court’s decision to constitute election tribunals. However, the hearing began with a heated exchange of words between Chief Justice Isa and PTI lawyer Niazullah Niazi. Niazi objected to the inclusion of the Chief Justice in the panel, a request that was promptly dismissed by Chief Justice Isa.

“Why don’t you refer Niazullah Niazi’s case to the Pakistan Bar Association? Are we here to be insulted? Enough,” CJ Isa remarked, adding, “We are aware of your political affiliation and will not tolerate continued disregard for the judiciary. This must stop.”

CJ Isa stressed that the authority to constitute the benches now rests with the Practice and Procedure Committee, marking the end of the era when the CJ had this prerogative.

Niazi, referring to Imran Khan, said, “The detainee complains that his election symbol has been taken away.” CJ then remarked, “We provided a video link from the prison and no objection was raised at that time. Ali Zafar also did not raise any objection in the intra-party election process. This defamation of institutions must stop. Newspaper headlines are raising the question of how the court was formed. The era of people’s decisions is over; now the committee has the power to form courts.” Justice Jamal Khan Mandokhail added, “Courts do not function on the basis of public will.”

CJ Isa then asked the ECP counsel how many tribunals were required. The counsel replied, “We need nine judges. We have no objection to consultations, but there should be a balance between diktat and consultation.”

Justice Aqeel Abbasi inquired about the meaning of balance and suggested that two judges could be selected by the ECP and two by the Supreme Court. The lawyer stressed the need for meaningful consultation and sought a stay of the Supreme Court’s decision to facilitate this process. The Supreme Court stayed both the Lahore High Court’s decision to constitute eight single-judge electoral tribunals and the ECP’s April 26 notification.

The court directed that meaningful consultations should be held between the Chief Justice of the LHC and the Election Commissioner after the appointment of the new Chief Justice. The Chief Justice then adjourned the hearing indefinitely.

Last month, a two-member Supreme Court bench referred a petition on election tribunals to the Committee on Practice and Procedure to form a larger panel and sought a record of correspondence between the four high courts and the Election Commission of Pakistan (ECP). Following this, the ECP challenged the appointment of eight election tribunals by the LHC and said it would boycott the proceedings of these “unconstitutional” tribunals.