ISLAMABAD: Chief Justice of Pakistan (CJP) QaziFaez Isa remarked that the makers of the Constitution made the Election Commission of Pakistan (ECP) an institution, and they can abolish it if they want.
The Supreme Court reserved the judgement on a petition of the ECP challenging the formation of eight Election Tribunals in Punjab by former Lahore High Court (LHC) chief justice Malik Shahzad Ahmed Khan for hearing the 2024 election disputes case.
A five-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) QaziFaez Isa and comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice NaeemAkhtar Afghan and Justice Aqeel Ahmad Abbasi, heard the ECP appeal.
The court rejected the plea of Hamid Khan, counsel for Salman Akram Raja, seeking recusal of Justice Isa from the bench hearing the matter.
At the start of hearing, the CJP asked Additional Attorney General (AAG) ChaudhryAaamirRehman to read out the last para of the order of the last hearing held on July 4. Meanwhile, Hamid Khan came to rostrum and submitted that they have filed an application seeking the recusal of chief justice from the bench.
Justice Isa told Hamid Khan that they respect him, asking him to sit down and let the AAG read the order. “I am seeking recusal,” Hamid Khan told the bench. “You should recuse and we have no objection,” the chief justice replied at which Hamid Khan left the courtroom.
In pursuance of the court last order, the counsel for ECP law officer submitted a report stating that that the issue of establishing the Election Tribunals in Punjab has been resolved, as a result of the consultation between the high court chief justice and chief election commissioner.
ECP counsel Sikandar Bashir Mohmand told the court that the LHC chief justice had established four tribunals and ECP would appoint the remaining four.
At this, Justice AqeelAbbasi asked if that meant the matters had been settled between the election commission and 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 counsel further told the court that LHC Chief Justice Alia Neelam had remarked that there was no need for consultation under the new law.
