ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday said the Supreme Court had repeatedly emphasised that it was standing behind every political party for the sake of elections slated to be held on Feb 8, 2024.
The observation came during the hearing of a contempt of court petition moved by the PTI against Election Commission of Pakistan (ECP) and government authorities for alleged violation of its Dec 22 directions and ensuring level playing field during the election process.
Though a three-judge bench consisting of the CJP, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali was not satisfied with the petitioner arraigning chief secretaries and inspectors general of police of the four provinces, it issued a notice to the chief secretary and IG of Punjab as well as Advocate General of Punjab to furnish a report whether the directions issued by the provincial election commission to them were complied with and if not then explain why these directions were not adhered to.
While pointing towards Sardar Latif Khosa who was pleading the contempt of court case on behalf of PTI, the CJP recalled how the SC went extra mile to ensure holding of free and fair elections. The court was referring to the Dec 15, 2023, order in which it had suspended the Dec 13 LHC staying of the appointment of District Returning Officers (DROs), Returning Officers (ROs) and Assistant Returning Officers (AROs), taken from the executive. One should have positive frame of mind, the CJP observed.
Top court trying to prevent any attempt to disrupt holding of polls, says Chief Justice Isa
ECP Director General (Law)Mohammad Arshad claimed in the Supreme Court that the commission was doing its best to ensure elections are held in a free, fair and impartial manner. To substantiate his assertion, he also furnished a compliance report spanning 161 pages suggesting requisite instructions issued to the ROs and DROs.
When the court inquired from the petitioner to state precise allegations against those involved in the violation of the court directions, the counsel referred to Dec 26 letter of the provincial election commission in which it was conceded that chief secretary and IG Punjab have disregarded instructions of the provincial election commission.
The CJP regretted that the contempt of court petition did not contain any specific allegations and rather a generalised statement had been made. He emphasised that the top court was trying its utmost to prevent any attempt to disrupt holding of the general elections.
The CJP also reminded the counsel that the present Chief Election Commissioner (CEC) had been appointed by the PTI government.
He said that the Dec 22 SC order was the most appropriate and strong and the court could have taken to task for violating the order if not followed by the ECP.
The CJP said despite repeatedly asking the counsel why he did not file any complaint before ECP against violation of its directions by the provincial administration, no satisfactory answer was given.
Sardar Khosa, however, described instructions by the Commission office as “cosmetic letter writing” and argued that no institution should shut its eyes over the worst kind of pre-poll rigging that was taking place in the country today.
The top court’s directions are not just ceremonial orders or a mere ritual, the counsel contended. The counsel also said that 668 nomination papers of PTI have been rejected so far.
The Supreme Court also made it clear to the counsel that they have to come clear against those who had violated the court directions since they had filed a contempt of court case, adding that the top court would not permit any political statement, rather come out with a clear proof.
Published in Dawn, January 4th, 2024
