By Staff Reporter
ISLAMABAD: Pakistan’s Supreme Court on Thursday lambasted the Election Commission of Pakistan (ECP) for attempting to delay and obstruct the implementation of a court decision regarding reserved seats for the Pakistan Tehreek-e-Insaf (PTI) party of former Prime Minister Imran Khan.
In a strongly worded order, the eight judges of the top court condemned the ECP’s application as “misconceived” and aimed at “delaying, defeating, and obstructing” the court’s decision.
“… The clarification sought by the Commission in terms of CMA 7540/2024 is nothing more than a contrived device and the adoption of dilatory tactics adopted to delay, defeat, and obstruct implementation of the Court’s decision,” the judges stated in their order. “This cannot be countenanced. Even on the application of elementary principles of law, the application filed by the Commission is misconceived.”
Analysts see the judges’ order potentially blocking the government’s plans to amend the Constitution and extend the tenure of top judges, where it was short of vote numbers and banking on defections from opposition parties.
Jailed Khan’s PTI had contested the February 8 national election as independents after being barred from participating due to a technicality regarding intra-party polls. Despite winning 93 seats, the ECP initially denied them 70 reserved seats, citing ineligibility.
The ECP had ruled that PTI was not entitled to reserved seats, which were allocated to other political factions. However, the Supreme Court’s July 12 ruling granted Khan’s party reserved seats for women and minorities in all legislatures. The top court also criticized the ECP for misconstruing its earlier verdict.
The ECP partially implemented the court order and raised concerns about PTI’s organizational structure and the legitimacy of independent candidates joining the party. It sought court guidance on the verdict.
“The Commission cannot approbate and reprobate, taking whatever shifting stance it desires and as may seem to suit its immediate purposes for the moment,” the eight judges said. “Having itself recognized Barrister Gohar Ali Khan as the Chairman of PTI, the Commission cannot now turn around and purport to seek guidance from the Court regarding how the certifications are to be dealt with.”
The judges also emphasized the commission’s obligation to recognize PTI’s status as an enlisted political party. “This position was not only accepted and relied upon by us (eight judges) but also by our three learned colleagues in minority (Honorable Chief Justice, Justice Yahya Afridi, and Justice Jamal Khan Mandokhail). Their lordships appear to have also accepted the validity of the party certificates (party tickets) issued by Barrister Gohar Ali Khan and thus his capacity to act for PTI as its Chairman.”
The judges said, “It sufficed, and the Commission was duty-bound, in terms of the Constitution, to keep in mind that the admitted position… is that PTI was, and is, an enlisted political party.”
Furthermore, the judges highlighted the commission’s contradictory stance. “Saying (as the Commission now does through CMA 7540/2024) that a political party is an enlisted political party, fully functional for the purposes of its formation, yet there is no one that can perform its functions and run its affairs, amounts to blowing hot and cold in the same breath.”
The court also clarified that the certifications issued by Khan were valid. “There could have been no conceivable doubt that the certifications referred to above were correct and valid in terms of the Short Order.”
The judges warned the commission of consequences for not implementing their short order. “The continued denial and refusal of the Commission to accept the same, as and when filed, is constitutionally and legally incorrect and may expose the Commission to such further or other action as may be warranted in terms of the Constitution and the law.”
“Nonetheless, the continued failure of, and refusal by, the Commission to perform this legally binding obligation may, as noted, have consequences. This obligation must be discharged forthwith.”
The development comes as the government has convened extraordinary weekend sessions of parliament to pass a constitutional amendment increasing the retirement age of Supreme Court and High Court judges, a move critics say undermines judicial independence.
The proposed amendment, to be tabled in the National Assembly and Senate probably on Sunday, seeks to raise the retirement age of Supreme Court judges from 65 to 68 years and High Court judges from 62 to 65 years.
Opposition parties, including the PTI, have denounced the move, arguing it gives the executive greater control over appointments, postings, and transfers. The party views the amendment as an attempt to extend the tenure of Chief Justice Qazi Faez Isa, seen as sympathetic to the ruling alliance.
The ruling coalition faces uncertainty in securing the required two-thirds majority, but plans to push through the amendment over the weekend. Analysts say the coalition lacks the required two-thirds majority, with some predicting defections from opposition lawmakers.
The coalition needs 224 votes in the 336-member National Assembly and a two-thirds majority in the Senate, but numbers suggest it is short of at least a dozen votes in both houses.
The PTI fears up to five of its lawmakers may cross the floor and support the amendment. These lawmakers are among 41 legislators still classified as independents by the electoral body.
PTI senior leader Salman Akram Raja alleged that some party lawmakers were being coerced, saying they were being “abducted” and forced to vote in favor of the amendment.
Lawyers said the apex court on Saturday ruled that all members of the National Assembly declared as independents by the election authorities will be considered as PTI lawmakers.
They said the court’s order implies that if these MNAs vote in favour of a constitutional amendment, their ballots will be invalidated under Article 63(A). This stipulation follows the court’s May 2022 ruling that votes cast by defecting lawmakers will not be counted.
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