SC stays LHC decision, ECP notification on formation of tribunals

• Hearing begins with heated exchange between CJ Isa and PTI lawyer Niazullah Niazi
• Larger court adjourns hearing indefinitely

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

In addition, the Supreme Court also rejected PTI leader Niazullah Niazi’s plea against the inclusion of Chief Justice Qazi Faez Isa in the panel hearing the case for the formation of an election tribunal.

An expanded five-member bench headed by Chief Justice Isa heard the Election Commission’s appeal against the Lahore High Court’s decision to constitute election tribunals.

However, the hearing began with a heated exchange between CJ Isa and PTI lawyer Niazullah Niazi.

Niazi objected to the Chief Justice’s inclusion in the bench, a request which was promptly rejected 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 said, referring to Imran Khan: “The detainee complains that his election symbol has been taken away from him.”

In response, CJ noted, “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 panel was formed. The era of people’s decisions is over; now the committee has the authority to form panels.”

Judge Jamal Khan Mandokhail added: “The courts do not function on the basis of public will.”

CJ Isa then asked the ECP’s counsel how many tribunals were required.

The lawyer replied: “We need nine judges. We have no objection to consultations, but there should be a balance between dictation and consultation.”

Justice Aqeel Abbasi asked about the meaning of balance and suggested that two judges could be selected from the ECP and two from the Supreme Court.

The lawyer stressed the need for meaningful consultation and requested a stay of the Supreme Court’s decision to facilitate this process.

The Supreme Court set aside both the Lahore High Court’s decision to constitute eight single-member election tribunals and the ECP’s notification of April 26.

The court ordered that meaningful consultations should take place between the Chief Justice of the LHC and the Election Commissioner following the appointment of the new Chief Justice.

The Supreme Court then adjourned the hearing indefinitely.

Last month, a two-member Supreme Court referred a petition on election tribunals to the Committee on Practice and Procedure, asking for the constitution of a larger tribunal and demanding a record of correspondence between the four high courts and the Election Commission of Pakistan (ECP).

The ECP subsequently challenged the LHC’s establishment of eight election tribunals and declared that it would boycott the proceedings of these “unconstitutional” tribunals.