SC will intervene if ECP ‘misuses authority’: CJP – Pakistan

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial mentioned on Wednesday the Supreme Court docket protects the Election Fee of Pakistan (ECP) because it enjoys full authority in accordance with the Structure to carry out statutory and constitutional capabilities, however the prime courtroom would intervene in case of any abuse of authority or mala fide on a part of the fee.

Since it’s the ECP’s duty to make sure free and honest elections and it may well enable switch and posting in accordance with the structure, the SC will shield the fee simply because it protects different constitutional our bodies comparable to parliament, he famous.

The chief justice made these observations on Wednesday on the listening to of former Lahore CCPO Ghulam Mehmood Dogar case wherein the Supreme Court docket on Feb 17 suspended the order for his repatriation to the federal authorities.

Pleading that he was being subjected to victimisation attributable to political vendetta between the centre and provincial governments, Mr Dogar by means of his counsel Abid Shahid Zuberi had challenged the Nov 24, 2022 path of the federal providers tribunal of permitting a notification issued for his repatriation to the federal authorities.

Later, the ECP additionally approached the SC to grow to be a celebration within the case, arguing that with out reshuffle of ‘partisan’ officers, free and honest elections was not doable in keeping with Article 218 (coping with the ECP obligation) of the structure and Part 230 (capabilities of the caretaker authorities) of the Elections Act, 2017, mentioned a five-page software filed earlier than the apex courtroom on ECP’s behalf.

SC regrets marketing campaign to malign judges by means of audio, video leaks; Justice Bandial vows to guard judiciary ‘like different establishments’

CJP Bandial, who was heading the three-judge Supreme Court docket bench, defined that SC selections have been meant to guard the constitutional our bodies irrespective of it was ECP or the parliament, regretting that typically misgivings and doubts have been created by misconstruing courtroom observations.

He recalled how throughout a case about amendments to the Nationwide Accountability Ordinance (NAO), the courtroom had talked about about an sincere prime minister (Mohammad Khan Junejo) in 1988, however the remarks have been misconceived by the parliament. The courtroom had by no means mentioned that there

was just one ‘sincere’ prime minister within the nation’s historical past, he noticed, including that the SC by means of its judgement had at all times protected the constitutional establishments.

“Now the judiciary can be below assault, and the courtroom may even safeguard the judiciary,” Justice Bandial reiterated.

Video leak carries ‘no authorized worth’

Whereas regretting the continuing “scurrilous marketing campaign in opposition to the judiciary by means of video-audio leaks”, the CJP expressed displeasure and mentioned the courtroom was displaying endurance and restraint. He additionally questioned their credibility, stating that the leaks on the social media had no authenticity.

The CJP regretted that disparaging and derogatory allegations have been being levelled in opposition to the judiciary, however by displaying excessive endurance and restraint the apex courtroom would shield the constitutional establishments, as a result of the audio and video leaks had no authorized worth.

He was referring to the latest video wherein Mohammad Khan Bhatti, the then principal secretary to the then Punjab chief minister Chaudhry Parvez Elahi, was seen hurling allegations in opposition to the judges of the superior judiciary.

He mentioned SC selections have been meant to guard the constitutional our bodies irrespective of it’s ECP or parliament, however typically SC observations have been misconstrued.

Counsel for the ECP Sajeel Shaharyar Swati earlier mentioned that Article 218 empowered the ECP to conduct honest and clear elections.

The courtroom, nevertheless, disposed of the matter after Mr Dogar withdrew his enchantment.

Printed in Daybreak, March twenty third, 2023

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