Efforts being made to curtail ECP powers, CEC Raja tells SC

Pakistan Feb, 17 2023
Efforts being made to curtail ECP powers, CEC Raja tells SC
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ISLAMABAD: Chief Election Commissioner (CEC) Sikander Sultan Raja  informed Supreme Court that efforts were being made to curtail powers of Election Commission of Pakistan (ECP). 

ECP Chief made statement when he appeared before Supreme Court in case related to transfer of former Lahore capital city police officer (CCPO) Ghulam Mehmood Dogar. He was summoned by apex court to explain reasons behind Dogar’s removal.

During hearing, Justice Ijaz Ul Ahsan asked why CCPO was removed despite orders of Supreme Court and what hurry in issuing transfer orders was.

Lawyer for Punjab government informed bench that Dogar was transferred on orders of Election Commission of Pakistan.

At this, Justice Ahsan asked what role ECP has in transfer of officers. While Justice Mazahar Ali Akbar Naqvi remarked that ECP’s role comes into effect after elections have been announced.

Additional advocate general told court that they had taken approval from ECP over Dogar’s removal as caretaker setup had been placed.

“As per Constitution, elections have to be held within 90 days after a caretaker setup takes over,” said lawyer. At this, Justice Ahsan asked where ECP was, while Justice Naqvi remarked that half of officers posted in Punjab had been transferred. “Election Commission is doing everything apart from its job,” remarked Justice Ahsan. Justice Ahsan told ECP Chief that Constitution clearly mandates that elections are to be held within 90 days. He added that holding polls is ECP’s job and if they are not held within stipulated time then it would be violation of Constitution. Judge remarked, if transfer is required then caretaker government needs to provide concrete reasons. He added that ECP must examine those reasons and then issue an appropriate order.

“If court gives an order then we will not allow transfers,” said Raja. On this, Justice Ahsan remarked that court will not issue any such orders, adding that they were bound to follow Constitution.

“Efforts are being made to curtail powers of ECP,” said Raja. He added that Army has refused to provide security during polls when requested and judiciary has denied providing staff while government is not giving funds.

“ECP’s authority is being curtailed. How can free and fair elections be held?” asked CEC. At this, Justice Ahsan asked whether electoral body had contacted government. CEC replied that they had informed government about all issues faced by Commission.

Court then summoned record of all transfers, including Dogar’s, okayed by ECP in Punjab. It also asked CEC to appear again today.

Published in The Daily National Courier, February, 17 2023

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