A five-member larger bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa announced its reserved verdict on the Election Commission of Pakistan’s (ECP) appeal in the Punjab election tribunals case.
The bench had reserved the verdict earlier this week.
The bench also comprises Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Naeem Akhtar Afghan, and Justice Aqeel Ahmed Abbasi.
Earlier on June 12, the LHC CJ formed eight election tribunals in line with the May 29 order. The ECP had challenged the order in the SC.
In its verdict today, the Supreme Court of Pakistan declared that a decision made by a single bench of the Lahore High Court (LHC) cannot be considered a judicial precedent.
“The LHC did not consider the absence of a meeting between the Chief Election Commissioner (CEC) and the LHC Chief Justice, which would have altered the decision,” the verdict read.
In the previous hearing, on September 24, Salman Akram Raja’s lawyer Hamid Khan objected and appealed to the CJP to rescue himself from the case which CJP Qazi Isa turned down.
“If you want to withdraw from the case, then you can,” the CJP replied to Hamid Khan and instructed him to remain seated.
Following this, Salman Akram Raaj’s lawyer Hamid Khan left the courtroom.
During the proceedings, Justice Aqeel Abbas inquired ECP counsel if the tribunal’s matter had been resolved in consultation with LHC.
Which, the ECP’s lawyer informed the court that CJP LHC has established four tribunals while the remaining four will be appointed by the election commission.
“It means matters have been settled between ECP and LHC chief justice?” Justice Aqeel Abbas asked for counsel.
Yes, the law was completely changed, so now 4 new tribunals will be appointed by ECP,” he told the council.
During the hearing, CJP ISA stressed that if the constitution was fully implemented, many legal issues would be resolved.
Discussing the election tribunal formation, the CJP noted that the number of tribunals should be based on the caseload. “Reducing the number of judges about pending cases would be unfair,” said CJP.
Justice Jamal Mandokhail also clarified that delays in the case were due to the unavailability of lawyer Salman Akram Raja.
On this, the CJP remarked on the media’s misreporting and criticized the spreading of falsehoods for earning dollars. “It is not the Supreme Court’s role to continuously issue clarifications on such matters.”
CJP Isa ordered the ECP to ensure the establishment of the remaining tribunals within a week.
He said they are not bound by the decisions of the Supreme Court, and they will not allow a stay order until the term of the parliament is completed.
Qazi Faez Isa said the deputy speaker also violated the constitution by getting a stay order; now maybe the Deputy Speaker has gone underground, there are conflicts, but not to attack the institutions.
It should be noted here that the LHC had constituted eight election tribunals to handle election petitions related to national and provincial assemblies. However, the ECP challenged this decision, arguing that it was not within the LHC’s jurisdiction.