The promulgation of the Election Tribunal Ordinance has sparked a debate among senior journalists concerning the Election Commission’s authority to appoint retired judges to election tribunals. Concerns about the transparency and motives behind such appointments under the new ordinance have further fueled this discussion.
Saqib Bashir, a seasoned court reporter and journalist, voiced concerns on the social media platform X, highlighting unresolved serious allegations from the elections held on February 8. Bashir suggested that the ordinance might facilitate new legal manoeuvres, potentially orchestrated through collusion. He pointed out that Justice Tariq Mahmood Jahangir’s stringent hearing methods, which have come to the fore recently, suggest that proceedings under the Election Commission’s oversight could reveal significant insights if conducted in a public setting.
Bashir also noted the ordinance’s potential flexibility, allowing for replacing existing tribunals at any stage and appointing retired judges to new tribunals. He raised concerns that the current tribunal under Justice Tariq Mahmood might be subject to challenges instigated by the Election Commission, indicating possible ulterior motives behind the ordinance.
Additionally, Bashir drew attention to ongoing developments in Punjab, where tribunals have not been established despite a Lahore High Court order. He speculated that should this decision be contested in the Supreme Court, the election process in Punjab might come under the influence of retired officials, reducing the active judicial system to a mere observer role.
The journalist Kismat Khan underscored the apprehension surrounding tribunals staffed with independent judges, pointing out that such transparency could lead to public disclosures that some might find uncomfortable. With the new ordinance in effect, the Election Commission can now appoint retired judges to election tribunals and transfer cases from tribunals with serving high court judges to those led by retirees without needing to consult the Chief Justice. This development has stirred concerns about the potential impact on the integrity and independence of electoral tribunals.
