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ARY News reporter to Prime Minister of Pakistan, Abdul Qadir brings you the everyday news, mainly covering the decisions taken by Imran Khan and Federal Government. The channel is committed to serve you with insights on various issues pertaining to national interests.
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Peshawar High Court's order on PTI 'bat' symbol is flawed: CJP Isa
Chief Justice of Pakistan (CJP) Qazi Faez Isa said Friday that the Peshawar High Court’s (PHC) order to restore the Pakistan Tehreek-e-Insaf’s (PTI) iconic electoral symbol ‘bat’ was prima facie, flawed.
Heading a three-member bench comprising Justice Muhammad Ali Mazhar and Justice Musarat Hilali, the top judge passed these remarks during a hearing of the Election Commission of Pakistan’s (ECP) petition against the PHC verdict restoring the PTI’s electoral symbol.
The election commission had on December 22 barred the PTI party from keeping its ‘bat’ symbol for the upcoming February elections, citing irregularities in their internal polls that did not comply with the party's own constitution and election laws.
Following the ECP's decision to revoke their symbol, the PTI challenged it in the PHC. A single-member judge granted temporary relief, reinstated the bat symbol, and referred the case to a larger bench for a hearing on January 9.
Then, on December 30, the polling body challenged the PHC’s jurisdiction over the matter. However, in a dramatic turn of events, the PHC reversed its earlier decision and upheld the ECP’s order.
Facing the prospect of losing its iconic cricket bat symbol for the upcoming elections, the PTI took its fight to the highest court in the land — the Supreme Court. However, in a strategic move, they later withdrew their appeal, hoping for a favourable outcome from the PHC.
And the PTI did get what it wanted. The PHC Wednesday declared the commission’s order “illegal, without any lawful authority and of no legal effect”.
But the commission, dissatisfied with the high court’s order on Thursday, challenged the decision in the apex court, seeking its revocation. Subsequently, the PTI also filed a plea in the PHC against Election Commissioner Sikandar Sultan Raja and other ECP members for not following up on the PHC’s order.
But during today’s hearing, CJP Isa raised a pertinent question did the high court declare PTI’s intra-party polls in line with the law? “The issue of bat electoral symbol’s allotment comes later. First, we will have to review the party’s intra-party elections.”
“Peshawar High Court did not issue a declaration that PTI’s intra-party polls were in line with the law. It just ordered that PTI should be given its election symbol back. The Peshawar High Court’s decision is flawed and prima facie.
The hearing
At the outset of the hearing, PTI lawyer Hamid Khan and ECP lawyer Makhdoom Ali Khan appeared before the court, while PTI lawyer Ali Zafar attended the hearing via video link from the top court's Lahore registry.
Akbar S. Babar, the estranged PTI leader who initially challenged the party's intra-party elections in ECP, also appeared before the court.
Meanwhile, Gohar Ali Khan, who was elected as PTI chairman in the controversial intra-party polls, party's chief election commissioner Niazullah Niazi, and lawyer Shoaib Shaheen were also present during the hearing.
During the hearing, CJP Isa observed that the ECP is a constitutional body and no one can interfere in its domain.
“Supreme Court will not interfere in the domain of the Election Commission of Pakistan. However, if ECP commits any unconstitutional act then the court can look into it,” the top judge added.
The PTI counsel requested the court to adjourn the hearing till Monday to prepare for the case.
At this, CJP Isa said the PHC decision has to be suspended for three days if the case is adjourned till Monday.
Meanwhile, ECP counsel Makhdoom Ali told the bench that electoral symbols will be allotted to candidates contesting the February 8 polls tomorrow.
Advocate Khan challenged the ECP’s locus standi and maintainability of the plea saying that the electoral body cannot challenge the PHC verdict in the SC as it is not an affected party.
The ECP counsel said cannot be sustained in the eyes of the law and added that the electoral body has the authority to issue electoral symbols to political parties.
