The Islamabad High Court (IHC) on June 11, barred new poll tribunals from hearing election petitions by Pakistan Muslim League-Nawaz (PML-N) till further orders, Pakistan-based Geo News reported. The ruling came after the ECP approved petitions of three PML-N lawmakers to transfer their cases to other election tribunals, in which their election victory was challenged by opponents with allegations of vote rigging.
Islamabad HC Chief Justice Aamer Farooq issued the orders while hearing the petitions against the ordinance for the Election Act amendments. The lawyers representing the Pakistan Tehreek-e-Insaf (PTI)-backed candidates and the ECP attended the hearing.
During the hearing, Justice Farooq expressed displeasure over the order issued by Pakistan’s electoral watchdog and said that the decision to change the election tribunals could not be upheld. The high court asked the ECP about grounds on which it changed the tribunals that were tasked to hear pleas against PML-N lawmakers’ win in elections. In response, ECP counsel said that the previous tribunals did not follow procedures.
Justice Farooq stated that the ECP was appearing to set a new precedent by transferring the cases to other tribunals. He further said that the electoral watchdog’s decision would not be considered legal until it proves “discrimination”, otherwise, it could also lead to contempt proceedings, as reported by the Geo News.
He said, “Justice Tariq Mahmood Jahangiri is a jurist of this court who was deputed to the tribunal by the ECP over my request. Why did ECP transfer the cases without challenging an order? A case can be transferred on the grounds of discrimination but there is also a procedure which needs to be followed by requesting the concerned judge not to hear the case.”
The judge questioned the government about the reasons for promulgating the Election Act amendments via an ordinance after dissolving the legal modifications hurriedly. He stated that the ECP should have challenged the previous tribunals’ orders first instead of transferring the cases of PML-N lawmakers.
Shoaib Shaheen’s lawyer said that the ECP’s decision will be challenged. He also mentioned that he came to know via media reports that Justice Retired Shakoor Paracha was being appointed as the tribunal’s judge. The lawyer requested a court order to uphold the status of the election tribunals.
After listening to arguments from all parties in the case, the Islamabad High Court barred the new election tribunals from continuing proceedings till the next hearing, Geo News reported. In its verdict, the ECP ordered transferring the case to other tribunals to hear the pending petitions against the PML-N leaders’ win in three constituencies.
Notably, three PTI-backed candidates — Muhammad Ali Bokhari, Shoaib Shaheen and Aamir Mughal challenged the election victory of PML-N Members of the National Assembly (MNAs) from Islamabad constituencies in February 8 polls, alleging “poll manipulation”, Geo News reported.
The decision was announced after ECP’s four-member bench headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja had reserved its verdict on the pleas registered by PML-N lawmakers in the National Assembly including Anjum Aqeel Khan, Tariq Fazal Chaudhry and Khurram Shehzad Nawaz on June 7.
The PML-N expressed a “lack of confidence” in the tribunals and requested to transfer the cases to other poll tribunals. (With Inputs from ANI)
