Level playing field: Courts standing behind every political party for elections, says CJP Isa

Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday said the courts were “standing behind every political party for elections” as the Supreme Court heard the PTI’s contempt plea against the Election Commission of Pakistan (ECP).

A three-member bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, is hearing the case. The proceedings are being broadcast live on the apex court’s website.

The PTI’s contempt plea alleges that the electoral body violated SC directives for a level playing field in the upcoming polls.

On Dec 22, the apex court had directed the ECP to attend to the PTI’s grievances urgently and resolve these expeditiously to ensure that the electoral process remains smooth, open, transparent, free and fair.

Let this exercise be completed by ECP promptly without disturbing the timelines given in the election programme because “voters must have faith in the electoral process for our democracy to succeed”, the order — issued on a PTI petition seeking a level playing field — had stated.

However, in a fresh application filed last week, PTI Chairman Barrister Gohar Khan sought the initiation of contempt proceedings against the electoral watchdog for non-compliance with the SC’s Dec 22 orders.

The ECP and the PTI have been in “bat blood” over the past few months after the commission stripped the party of its symbol. While the decision was later suspended by the Peshawar High Court, the PTI alleged conspiracies were being hatched to snatch its iconic electoral symbol and exclude it from the Feb 8 general elections.

Moreover, the top leadership of the party and its allies have been knocked out of the polls race, as almost “90 per cent of nominations from important leaders” failed to stand the scrutiny exercise. They have now decided to challenge the rejections.

On Monday, Shaheen had appeared before the SC to request early fixing of the level playing field case but was told to wait till the tea break. He was later told that the hearing had been fixed.

Ahead of the hearing today, the PTI submitted a Civil Miscellaneous Application, outlining the rejection of its leaders’ nomination papers, PTI leader Shoaib Shaheen told Dawn.com.

During the hearing, PTI counsels Sardar Latif Khosa and Shoaib Shaheen appeared before the top court.

The hearing

At the outset of the hearing, Khosa came to the rostrum.

Referring to the Sardar prefix in the lawyer’s name, CJP Isa said that the Sardar system was not present anymore and would not be stated in the court.

Justice Mazhar asked whether the PTI had approached the ECP on the SC’s verdict and that the “main case” had been dealt with on Dec 22 as the contempt plea was not a new case.

He further asked whether the electoral body or its provincial branches had made a decision or issued any new directives.

To this, Khosa answered that the ECP had not given the PTI any directives.

The chief justice ordered Khosa to explain his legal and constitutional points rather than “starting a political lecture like everyone else”.

The CJP asked how the inspector generals and the chief secretaries were related to the ECP and ordered the PTI counsel to provide evidence.

Khosa responded that he had provided the details in his application, to which Justice Isa said the party could make only the ECP a respondent in the contempt plea and that a separate plea needed to be filed for action against individuals.

The CJP noted that if nomination papers had been rejected, an appeal could be filed against the rejection.

Khosa informed the SC that 668 papers had been dismissed, at which Justice Mazhar wondered how the court could understand the matter without being provided with the figures for the forms accepted.

Justice Mazhar noted that the plea stated that the data had been gathered via social media platforms and names of a few had not been stated either, at which Khosa said all complaints were from the PTI.

CJP Isa reiterated the option to appeal the rejection, to which the lawyer replied that copies of the rejection were not being given, “blocking” the path to appeal.

At this, the chief justice remarked: “You think the high court is so helpless it can not call the [RO and ask] ‘why have you rejected the nomination papers’?”

“We are trying to push through democracy but every day, we come across people not wanting to go into elections,” the CJP said, as he expressed his displeasure at Khosa making the IGs respondents in his plea.

“The courts are standing behind every political party for elections. We have repeatedly said so,” the top judge observed.

Justice Isa then directed Khosa to approach the election tribunal and then contact SC if the matter was still unresolved.

At this point during the hearing, the court summoned the ECP officials to the rostrum.

The petition

The contempt of court petition named Interior Secretary Aftab Akbar Durrani, ECP Secretary Omar Hamid Khan, chief secretaries of Khyber Pakhtunkhwa (KP), Punjab, Sindh, and Balochistan, as well as IG Punjab Dr Usman Anwar, IG Balochistan Abdul Khalique Sheikh, IG KP Akhtar Hayat, and IG Sindh Riffat Mukhtar as respondents.

The plea, moved on behalf of Barrister Gohar Ali Khan through Shaheen, sought a direction from the Supreme Court to ensure a level playing field by not arresting PTI candidates, workers, and leaders. Instead, they should be allowed to participate in the election process, and their proposers and seconders should not be harassed.

Besides, it urged the SC to issue appropriate orders to ensure that the appointed returning officers (ROs) and district returning officers (DROs) carry out their assigned duties in a neutral manner, in accordance with the Constitution and the law, without subjecting PTI and its candidates to any unlawful or discriminatory treatment.

The court should also issue directions to the respondents to ensure that PTI and its candidates were granted necessary permissions to conduct rallies and gatherings to campaign for the general election and that no impediments or hurdles be created in PTI’s election campaign.

More to follow