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ISLAMABAD: A day before Supreme Court’s fourth deadline was set to expire, the Election Commission of Pakistan (ECP) finally got a new permanent chief for a five-year term, after a delay of over 16 months.
The parliamentary committee tasked with the appointment of the chief election commissioner (CEC) unanimously confirmed serving Federal Shariat Court Chief Justice Sardar Mohammad Raza Khan as the new chief and hours later President Mamnoon Hussain formalised the appointment, at the advice of the prime minister.
The position had been vacant since retired Justice Fakharuddin G. Ebrahim resigned after the general elections on July 31, 2013 to protest court interference in the commission’s domain with regard to changes in the schedule for the presidential elections, announced by the ECP as per its constitutional mandate.
Justice Sardar Raza Khan is unanimous choice of the parliamentary committee
Sardar Mohammad Raza Khan has been a judge of the Supreme Court and is a former chief justice of the Peshawar High Court (PHC). Before his retirement from the apex court in February 2010, he was twice appointed acting CEC in 2009.
He is generally praised for being impartial and independent judge. On Sept 28, 2007, a Supreme Court bench, in a 6-3 split verdict, held that a petition challenging General Pervez Musharraf’s candidacy for a second term as president, was invalid. Justice Khan was one of the three judges who dissented, along with Justice Bhagwandas and Justice Mian Shakirullah Jan.
He was also among the judges who had refused to retake their oaths under the Provisional Constitutional Order (PCO) when Gen Musharraf proclaimed a state of emergency on November 3, 2007. Hearing a petition challenging the PCO, he had opposed the idea of issuing contempt notices to judges who had taken oaths under the order.
He also dissented against the judgment in a case regarding the now-defunct National Reconciliation Ordinance (NRO), which was heard by a bench headed by then-Chief Justice Iftikhar Mohammad Chaudhry. In his dissenting note, he had highlighted the need for punishing the ‘maker’ of the ordinance. “The maker... should also (be) brought to accountability for perpetuating corruption and for violating [the] constitution,” he remarked in his note.
Justice Khan will be the 14th permanent chief election commissioner to be appointed following the formation of the ECP in 1956. In this time, there have been more – 31 to be precise – acting CECs than permanent ones.
Panel’s proceedings
At the parliamentary committee’s meeting, the PPP’s Islamuddin Shaikh proposed Justice Khan’s name, which was endorsed by the ANP’s Haji Adeel and the MQM’s Farooq Sattar, among other members.
Senator Rafiq Rajwana, who headed the committee, tasked with the CEC’s appointment, told reporters after the meeting that he was proud of the committee’s decision because it demonstrated the spirit of unity. He said the unanimous decision bode well for the future.
Asked why the parliamentary committee did not hold a public hearing before finalising the name of the new CEC, he said that public hearings were not required under Article 213 of the Constitution. “The decision has been taken under the constitution; we stand by it and are proud of it,” he remarked.
Political reaction
The Pakistan Tehreek-i-Insaf, which has been insisting for the several months that the 2013 general elections were rigged “by the ECP” at the behest of the ruling party, cautiously welcomed the appointment of the new CEC.
Party spokesperson Shireen Mazari said in a statement. “We hold him in high esteem and he has an unblemished record,” but regretted that the PTI had not been taken on board before the decision was made. “We were merely informed at the last minute by Opposition Leader Khurshid Shah, who conveyed the decision to Vice Chairman Shah Mehmood Qureshi.”
The appointment was also welcome by the Jamaat-i-Islami. In a statement, JI Secretary General Liaquat Baloch congratulated Justice Khan and hoped that he would hold free and fair elections.
Published in Dawn, December 5th, 2014
