Chief Justice of Pakistan (CJP) Qazi Faez Isa on Friday warned the Pakistan Tehreek-e-Insaf (PTI) of the consequences if the law was violated in intra-party polls.
The Chief Justice was presiding over a three-member Supreme Court bench that heard the Election Commission of Pakistan’s (ECP) petition against the Peshawar High Court (PHC) verdict that reinstated the PTI’s electoral symbol.
The ECP had, on December 22, barred the PTI from using the ‘bat’ symbol for the upcoming February elections, citing irregularities in their internal polls that did not comply with the party’s constitution and election laws.
After the ECP’s decision, the PTI challenged it in the PHC. A single-member judge temporarily reinstated the bat symbol and referred the case to a larger bench for a hearing on January 9. However, in a dramatic turn of events on December 30, the PHC reversed its earlier decision and upheld the ECP’s order.
In an attempt to secure a favorable outcome, the PTI withdrew its appeal from the Supreme Court, relying on the PHC’s decision.
The PHC eventually declared the commission’s order “illegal, without any lawful authority and of no legal effect.” Dissatisfied with this ruling, the ECP challenged it in the apex court, seeking its revocation.
During the today’s hearing, CJP Isa questioned the legality of PTI’s intra-party polls, stating that the high court did not declare them in line with the law, rather ordered the ECP to give the party its electoral symbol.
PTI’s lawyer, Hamid Khan, and ECP’s lawyer, Makhdoom Ali Khan, appeared before the court, with PTI lawyer Ali Zafar joining via video link.
Akbar S. Babar, the estranged PTI leader who initially challenged the party’s intra-party elections in ECP, also participated in the hearing.
CJP Isa declared that the Supreme Court would not interfere in the domain of the Election Commission but noted that the court could review any unconstitutional acts committed by the ECP.
During the proceedings, questions were raised about the locus standi and maintainability of the ECP’s plea, with the Chief Justice stressing that if the ECP’s standing is questionable, questions will also be raised about PTI’s right to appeal.
The PTI counsel challenged the ECP’s authority to challenge the PHC verdict, arguing that it is not an affected party.
As the hearing continued, CJP Isa raised a question over the venue of the polls, which were held in a small village near Peshawar.
He highlighted the importance of upholding the right to vote for all political party members.
The ECP’s counsel argued that PTI’s intra-party elections were kept secret, and the documents submitted did not align with the facts.
The hearing was adjourned until Saturday morning, with PTI lawyer Hamid set to present arguments upon resumption.
