The High Court of Islamabad has excused the Political Race Commission’s supplication to defer the Lahore High Court’s choice regarding the development of political decision councils and alluded the case to a three-part seat for additional procedures. A notice in this regard has also been sent to the Attorney General.
Chief Justice Qazi Faiz Isa stated that bringing ordinances bypassing Parliament is disrespectful and that such ordinances aim to overturn the decisions of the High Court. The Constitution grants the Election Commission the authority to form election tribunals.
A two-member bench, consisting of Chief Justice Qazi Faiz Isa and Justice Naheem Akhtar Afghan, heard the Election Commission’s appeal against the Lahore High Court’s decision regarding the formation of election tribunals. Lawyers representing the Election Commission and PTI appeared before the court.
During the proceedings, Chief Justice Qazi Faiz Isa intervened when a lawyer referred to the Lahore High Court with respect, stating that it was said in English, and questioned why the Parliament wasn’t similarly respected. He emphasized the need for mutual respect in discussions. The lawyer representing the Election Commission argued Article 219(C) of the Constitution regarding the interpretation issue, prompting the Chief Justice to seek clarity on specific facts of the case. The lawyer then mentioned that on February 14th, the Election Commission wrote to all High Courts to form tribunals, highlighting that it’s within the Election Commission’s authority. Lists of judges’ names were requested from all High Courts through these letters, and panels of judges were also asked. On February 20th, the Lahore High Court nominated two judges, who were notified for the election tribunals, and on April 26th, two more judges were appointed.
Chief Justice Qazi Faiz Isa asked if there was any controversy other than the formation of tribunals in the Lahore High Court. Justice Naheem Akhtar Afghan responded that there was no dispute except in the Balochistan High Court, where tribunal proceedings had concluded.
Chief Justice Qazi Faiz Isa further questioned the lawyer whether it was necessary to make. Everything is controversial in Pakistan, referencing past conflicts between the President and the Election Commission over election dates. He also raised concerns about the President’s ordinance, questioning its validity. The lawyer explained that he was defending the Election Commission’s actions. Within legal bounds and clarified that he wasn’t advocating for the ordinance.
The Chief Justice expressed his responsibility for cases in the Supreme Court and advised. The lawyer did not undermine his arguments. During the hearing, Chief Justice Qazi Faiz Isa made remarks on the Presidential Ordinance regarding. Tribunals formed to question when retired judges enacted laws. After Parliament passes laws, Presidential ordinances can make changes. He queried the lawyer on whose preference the ordinance made. Whether it was a parliamentary or cabinet decision, the lawyer replied that it was the cabinet’s decision. The Chief Justice remarked that such ordinances disrespect Parliament and interfere in elections.
Later, Chief Justice Qazi Faiz Isa halted Salman Akram Raja from using the term “handpicked” when referring to judges. He asked if there were reservations about some judges from the Lahore High Court. And stated that they wouldn’t accept such remarks. The lawyer defended using the term “handpicked” in light of the ordinance, emphasizing its relevance to the legal context.
Subsequently, the Supreme Court dismissed the Election Commission’s plea to delay. The Lahore High Court’s decision regarding the formation of election tribunals referred the matter to a larger bench. The court also accepted the petition to declare 9 PTI candidates as a separate group. I seek details of the procedures adopted for forming tribunals in Sindh and Balochistan High Courts.
Chief Justice Qazi Faiz Isa issued instructions for a hearing. He noted that the Election Commission had appealed the Lahore High Court’s judgment on May 29th. Challenging whether the Lahore High Court has the authority to decide tribunal appointments. He questioned the Election Commission’s appeal in light of the Jihad case and the explanation provided by Riaz-ul-Haq.
Chief Justice Qazi Faiz Isa’s detailed questioning and remarks during the hearing reflect. The court scrutinizes the constitutional and legal aspects of the Election Commission’s actions and the Presidential Ordinance. Emphasizing the importance of parliamentary sovereignty and the proper legal process in electoral matters.
