ISLAMABAD: The Supreme Court of Pakistan on Friday adjourned hearing till today on an appeal of the Election Commission of Pakistan (ECP) against the Peshawar High Court’s decision to restore PTI’s election symbol ‘cricket bat’.
Chief Justice of Pakistan Qazi Faez Isa headed a three-member bench, comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali heard the appeal of ECP, which was broadcast live on web channel of the apex court
During proceedings, the CJP inquired from the PTI’s lawyer regarding the document of appointment of members of its election commission for intra-party elections.
PTI’s lawyer Hamid Khan prayed to the court to grant time till Monday for case preparation.
The court observed that it would have to suspend the high court decision if it adjourned the case till the said date. It was ready to hear the case even during the holidays as elections were getting closer, it added.
Hamid Khan requested the bench to adjourn the case till tomorrow as they received the court notice last day. It would be appropriate if the court first heard the point about the maintainability of the appeal.
The chief justice observed that if a custom collector could file an appeal in the court then why the ECP, which was a constitutional institution, could not do so?
The CJP had two responsibilities – one to oversee the affairs of political parties and second to conduct elections transparently, he added.
Justice Isa said that a constitutional institution would use its powers under the Constitution. There was a difference between the institutions which were set up under the Constitution and law.
ECP’s lawyer Makhdoom Ali Khan said that the decision of Peshawar High Court (PHC) regarding the election symbol could not be maintained as per law.
He said that the electoral body had the authority to allot the election symbols to the political parties.
The lawyer said that the people who had challenged the intra-party elections of PTI also had been named as respondents in the case.
The court adjourned further hearing of the case till Saturday after the ECP’s lawyer concluded his arguments.
