says CJP Isa SC wont interfere in ECPs domain

By Imtiaz Hussain Abro.

Chief Justice Isa asserts that the Supreme Court will not intervene in the domain of the Election Commission of Pakistan (ECP).

ISLAMABAD – Chief Justice of Pakistan Qazi Faez Isa underscored the constitutional status of the Election Commission of Pakistan (ECP) and emphasized that any external interference in its jurisdiction is impermissible.

He stated that the Supreme Court would refrain from intervening in the ECP’s domain unless there are unconstitutional actions committed by the ECP, in which case the court would review them.

These remarks were made during a hearing on the ECP’s petition against the decision of the Peshawar High Court to restore the electoral symbol “bat” for the Pakistan Tehreek-e-Insaf (PTI). The Supreme Court bench, headed by Chief Justice Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarat Hilali, conducted the proceedings, which were broadcast live on the Supreme Court’s website and YouTube channel. The hearing was adjourned until 1.30 pm on the same day.

Advocate Hamid Khan and Barrister Ali Zafar, representing PTI, along with senior counsel Makhdoom Ali Khan representing the ECP, presented their arguments. The case originated from the Peshawar High Court’s decision to overturn the ECP’s revocation of the ‘bat’ symbol and rejection of PTI’s intra-party elections.

Chief Justice Isa expressed the court’s commitment to ensuring timely and lawful elections, even suggesting that the court could sacrifice its weekly offs to address election-related cases. The ECP’s counsel, Makhdom Ali Khan, informed the bench that electoral symbols for the February 8 polls would be allocated the following day.

During the hearing, PTI’s counsel challenged the ECP’s right to appeal and questioned the maintainability of their plea, arguing that the ECP is not an affected party.

In response, Chief Justice Isa underscored the constitutional role of the ECP in managing political affairs and conducting transparent elections. He cautioned that if the ECP refrains from appealing decisions, its decisions would lose significance.

The discussion also delved into the comparison between a district judge and the ECP, with Chief Justice Isa clarifying the distinction between a constitutional institution and a legal entity. PTI’s counsel maintained that the Election Commission operates within the framework of the Election Act, and Chief Justice Isa acknowledged the objection while emphasizing the unique status of constitutional institutions.