Naveed Ahmad Khan
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) lost “bat” as an election symbol after Supreme Court of Pakistan (SC) declared Peshawar High Court verdict null and void.
Following the completion of arguments from both sides, a three-judge bench, comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa and Justices Muhammad Ali Mazhar and Musarrat Hilali reserved the verdict which is set to be announced shortly.
A senior Supreme Court judge on Saturday remarked that for a level playing field, PTI should extend it internally, adding that conducting intra-party elections according to the constitution would have made it the most transparent in Pakistan.
The SC judge’s remarks came during the hearing of the Election Commission of Pakistan’s (ECP) petition challenging the Peshawar High Court’s (PHC) decision to restore the PTI’s ‘bat’ election symbol.
“You ask for a level playing field, you must also give one to your members,” Justice Muhammad Ali Mazhar remarked.
The proceedings of the case are being broadcast live on the SC website and YouTube channel.
Barrister Ali Zafar is representing the PTI in the case, while Makhdoom Ali Khan is ECP’s counsel.
At the outset of the hearing today, Chief Justice Isa said that the Peshawar High Court had issued a detailed order restoring PTI’s electoral symbol. “The party’s counsel hailed it as an excellent decision,” he said.
Hamid then came to the rostrum, noting that today was the last day to submit the party tickets to the ECP so he would try to wrap up his arguments soon
Justice Mazhar raised two crucial questions whether the court’s jurisdiction and the ECP’s authority to investigate intra-party polls.
PTI’s lawyer, Zafar, argued that neither the Constitution nor the Elections Act 2017 granted the ECP the right to review intra-party elections.
Referring to Article 17 of the Constitution, he asserted that contesting elections with an electoral symbol was a political party’s right, accusing the ECP of discrimination.
Zafar contended that PTI’s intra-party elections adhered to the party’s constitution. “Despite responding to the ECP’s 32 questions in writing, the watchdog set aside the polls”.
Zafar claimed that none of the PTI members challenged the intra-party polls, stressing that the party complied with the 20-day timeframe set by the ECP to avoid exclusion from the elections.
Reiterating his stance on democracy, Chief Justice Isa emphasized the need for democracy within political parties and the country. He underscored the importance of verifying that intra-party elections were conducted, acknowledging Akbar S. Babar’s role within the PTI, even if disliked by the party.
CJP urged PTI’s counsel to either provide the full context for allegations of mala fide against the ECP or keep the arguments strictly legal.
“It should at least be seen that [intra-party] elections were conducted,” he said, adding that Akbar S. Babar was also a party member “even if disliked” by the party.
“Did we appoint them? You all appoint these people. We don’t appoint them,” he remarked, adding that the apex court could “force” the commission to perform its duties but “not take on their responsibilities”.
The CJP told the PTI counsel: “Substantiate if you are taking the angle of mala fide.”
Chief Justice Isa pressed the PTI counsel to substantiate claims of mala fide.
At this, the PTI counsel, Hamid, opted to keep arguments non-political when asked if he was withdrawing the mala fide allegations.