Chief Justice of Pakistan (CJP) Qazi Faez Isa has remarked that the country needs stability, adding that there are conflicts, but institutions should not be attacked. The Election Commission of Pakistan (ECP) should ensure the establishment of the remaining tribunals within a week, he ordered.
A five-member larger bench of the SC headed by CJP Isa heard the appeal of the election commission regarding the formation of election tribunals in Punjab.
At the outset of the hearing, Salman Akram Raja's lawyer Hamid Khan objected to the chief justice, saying, "My Lord, we have to file an application," at which Justice Isa said, "You are a senior lawyer and respectable for us. Let us read the order first."
Hamid Khan said they had an objection to the CJP hearing the case, at which Justice Isa told him to sit down, saying he would be heard later. Hamid Khan then left the courtroom.
Matters between election commission, LHC CJ
During the hearing, Justice Aqeel Abbasi remarked that according to the written reply of the election commission, the issue has been resolved with the consultation of the high court.
The election commission's lawyer told the court that the Lahore High Court chief justice had established four tribunals and the ECP will appoint the remaining four. Justice Abbasi asked if that meant the matters were settled between the election commission and the LHC chief justice. The ECP lawyer replied in the affirmative, saying the law had changed, so now four tribunals will be appointed by the commission.
The ECP lawyer told the court that Justice Alia Neelam had remarked that there was no need for consultation under the new law.
Justice Jamal Mandokhel said that the chief justice of high courts are not ordinary people, adding that both the CJs and election commission were respectable. "The likes and dislikes in the appointment of judges to the tribunal should end now."
CJP Isa remarked that the number of tribunals depended on the cases, adding that the number of judges should be decided based on the number of cases. "If the number of judges is low looking at the cases, that will be unfair. I don't know how many cases are pending in Balochistan or Punjab," he remarked.
The chief justice remarked that the term of parliament is five years, which cannot be extended. "Cases with stay orders also come to the Supreme Court. The matters that don't pertain to the apex court should be resolved between the parties."
Justice Isa remarked that he has been making one request, but no one bothers. "Look at what the Constitution says. No one cares to read the Constitution," he expressed dismay.
The country needs stability: CJP
Justice Isa said the country needs stability, adding that they were not enemies of anyone and everyone is a citizen of one country. At the previous hearing, the election commission had been sent to the LHC chief justice. "We have to learn that the work of the institutions is not just correspondence. The language used in official correspondence is not the way to run a country," he remarked.
The election commission's lawyer, Sikandar Bashir Mohmand, told the court that the problem had been resolved now. Chief Justice Faiz Isa remarked that decisions on election reservations should be announced as soon as possible, adding that the ECP should ensure the establishment of the rest of the tribunals in a week.
CJP Isa upset with lawyer
During the hearing, Salman Akram Raja said the election commission should have implemented the order of the Lahore High Court, adding that the Supreme Court cannot dispose of the matter without giving a decision on the high court order. The CJP inquired whether he wanted judges of his choice in the tribunals. When the Lahore High Court and the election commission have settled the matter, the CJP asked what more he wanted.
"Do you want the matter of tribunals to not end at all?" Salman Akram Raja said this case cannot end without the order of the high court being annulled or upheld.
Decision reserved
The decision on the case against the decision of the Lahore High Court on the formation of election tribunals was reserved. The court said that the decision will be issued, but the election commission should start the process of notification of the tribunals.
During the hearing, the CJP asked the counsel for the election commission whether the ECP can issue the notification of the tribunals in a week. The lawyer said yes.
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