ISLAMABAD: The Election Commission of Pakistan (ECP) restored on Wednesday two of the three clauses of the Prime Minister’s Kissan Package, but stopped short of approving the government’s plea for allowing cash support for small growers of rice and cotton.

The ECP had suspended the implementation of three components of the Rs341 billion package announced by Prime Minister Nawaz Sharif less than three weeks after the schedule for local government elections in Punjab and Sindh had been issued.

The two clauses that have been restored are reduction in interest rates for cotton and rice growers for the purchase of fertiliser and other agricultural inputs from four to two per cent; and an increase in the value of Production Index Units (PIU) – which are a measure of farm productivity – from Rs2,000 to Rs4,000.

Also read: Govt challenges ECP suspension of Kissan package

The ECP decision was challenged in the Islamabad High Court (IHC) which set aside the ECP order and asked the commission to review its decision.

The ECP then heard from the federal secretaries for Finance, National Food Security and Information, as well as the deputy attorney general. The commission disagreed with the government’s contention that the three suspended clauses dealt with measures already contained in the annual budget.

Appearing before the commission, Shahid Orakzai argued that under Clause 9-C of the Election Commission Order, 2002, no court could interfere in the jurisdiction of the ECP.

Clause 9- of the order reads, “No court shall question the legality of any action taken in good faith by or under the authority of the commission, the commissioner, a returning officer, presiding officer or an assistant presiding officer or any decision given by any of them or any other officer or authority appointed under this order or the rules”.

He argued that the ECP was a constitutional forum, headed by a retired judge of the apex court and including four retired judges of high courts as members. As such, its decisions could not be touched by junior high court judges. He said he would institute a contempt petition against the two judges who had set aside the commission’s orders.

Stressing the need for re-defining the territorial jurisdiction of the courts, he asked how something meant for the whole country could be challenged in the Islamabad High Court.

Published in Dawn, December 3rd, 2015