ISLAMABAD: The Supreme Court (SC) on Friday asserted that the regulation of political parties falls within the purview of the Election Commission of Pakistan (ECP).
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa made these remarks during the hearing of the Election Commission of Pakistan’s (ECP) appeal against the Peshawar High Court (PHC) decision to restore the electoral symbol “bat” to the Pakistan Tehreek-e-Insaf (PTI).
CJP Isa emphasized that the SC will refrain from intervening in the Election Commission’s domain, but clarified that if the ECP engages in any unconstitutional actions, the court reserves the right to review. The three-member bench, led by Chief Justice Qazi Faez Isa and including Justice Muhammad Ali Mazhar and Justice Musarat Hilali, presided over the proceedings, which were live-streamed on the SC website and YouTube channel.
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During the hearing, PTI’s lawyer Hamid Khan highlighted the SC’s stance that no institution can appeal against verdicts, asserting that the ECP can only file reviews on appeals. CJP Isa remarked that if PTI’s argument were accepted, it would raise questions about the party’s appeal in the Peshawar High Court.
Inquiring about the issuance of the PHC’s written order, CJP Isa learned that it had not been issued yet. The lawyer read out the PHC order restoring the PTI’s ‘bat’ symbol, mentioning that the ECP had not received any notice of the PHC’s decision.
When asked about the readiness to present the case, the counsel requested an adjournment until Monday. CJP Isa expressed the court’s willingness to hear the case on Saturday and Sunday, but highlighted that adjourning until Monday would require suspending the PHC’s recent verdict. The ECP’s lawyer sought time until the following day to prepare for the case.
In a separate development, the Peshawar High Court had earlier nullified the ECP’s decision to strip PTI of the ‘bat’ symbol, allowing the party to reclaim it. PTI had challenged the ECP’s decision, declaring their intra-party election null and void and revoking the ‘bat’ symbol, leading to a favorable two-member PHC bench verdict.
