The Islamabad High Court (IHC) has suspended the Election Commission of Pakistan’s (ECP) June 10th order to change the election tribunal. The suspension came after the courtroom rejected the rationale furnished by PML-N MNA Anjum Aqeel Khan concerning derogatory remarks and allegations made toward a judge in the request for the tribunal alternate. Consequently, the court issued a display-reason notice for contempt of court docket to Anjum Aqeel Khan.
Court Proceedings and Inquiry
During the complaints, the court docket puzzled Anjum Aqeel Khan about the affidavit he submitted to the ECP. Chief Justice Aamer Farooq asked if the contents of the affidavit were actual. Anjum Aqeel Khan was unable to clarify the language used in the request. Chief Justice Farooq remarked that it appeared Anjum Aqeel wanted the judge changed because he did not comply with his recommendations. Anjum Aqeel apologized, admitting it was a mistake to sign the request without reading it.
Critique of Presidential Ordinance
Chief Justice Aamer Farooq also addressed the presidential ordinance regarding appointing retired judges to the election tribunal. PTI candidates Shoaib Shaheen and Ali Bukhari had filed petitions against this ordinance. The Chief Justice questioned the Additional Attorney General on how he would defend the ordinance, asking why such urgency warranted an ordinance issued overnight. He criticized the government, suggesting they operated like an “ordinance factory.”
Allegations and Legal Language
When questioned, Anjum Aqeel explained that the term “nepotism” used in his request was legal language. He claimed the judges were respected and his use of the term was not intended to offend. Anjum Aqeel apologized for signing the document without reading it and acknowledged his mistake. The Chief Justice asked Anjum to define “bias” and provide evidence of the judge’s partiality, to which Anjum Aqeel admitted that his request was solely for the tribunal’s change, not based on the judge’s personal bias.
Court’s Decision
The court expressed dissatisfaction with Anjum Aqeel’s explanations, suggesting he might have wanted the judge changed due to his non-compliance with his preferences. The Chief Justice highlighted the responsibilities of a parliamentarian in law-making and questioned why Anjum Aqeel would allege bias against a judge without substantial evidence. Despite Anjum Aqeel’s apologies and explanations, the court issued a show-cause notice for contempt of court. The court scheduled the next hearing for July 9 and instructed Anjum Aqeel to ensure his presence.
