Islamabad: Chief Justice of Pakistan Justice Qazi Faez Isa said that apex court will not “Take over” responsibilities of Election Commission of Pakistan as SC resumed hearing electoral body’s petition challenging Peshawar High Court’s decision to restore PTI’s election symbol of ‘bat’.

Three-member bench comprising Chief Justice of Pakistan Qazi Faez Isa and Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, is hearing case.

Justice Isa, responding to arguments presented by PTI counsel Hamid Khan, observed that “Very clear line” of demarcation exists between functions of statutory body and of constitutional body.

“If they’re doing their job, we won’t take over their job [or] how to do it [or] how better to do it,” said Chief Justice.

As hearing commenced, counsel representing ECP Makhdoom Ali Khan came to rostrum. CJP Isa asked him whether high court’s written order had been issued, to which he replied in negative.

After reading out PHC order restoring party’s ‘bat’ symbol, he maintained that electoral watchdog had not received any notice of PHC order. CJP said he had not read case file either.

CJP Isa, however, said SC was willing to hear case on Saturday and Sunday as adjourning hearing would mean PHC order would have to be suspended.

ECP’s counsel then sought time till Saturday to prepare for case.

CJP Isa asked PTI’s counsel, Hamid Khan, if information was accurate, to which he said it was not. CJP then inquired regarding documents about appointment of other members of PTI’s electoral body.

Hamid said he too required time to prepare for case and that he would present arguments against ECP’s appeal over its non-maintainability.

However, PTI counsel contended that respondent has to file an appeal and not ECP and reiterated that only affected party can appeal against verdicts but not Election Commission. After arguments were presented, hearing was adjourned till today (Saturday).

Published in The Daily National Courier, January, 13 2024

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