The Chief Justice of the Supreme Court of Pakistan, Qazi Faez Isa, accompanied by Justice Naeem Akhtar Afghan, has commenced hearings on the Election Commission’s (ECP) appeal regarding the appointment of judges to election tribunals.
The ECO appeal challenges the decisions made by the Lahore High Court concerning the formation of these tribunals.
During the proceedings, Chief Justice Isa highlighted the constitutional provisions, noting that Article 219 Section C explicitly empowers the Election Commission to oversee election tribunals. He remarked on the Supreme Court’s historical role in clarifying constitutional ambiguities.
The appeal has garnered attention, drawing nearly a hundred Pakistan Tehreek-e-Insaf (PTI) candidates from Punjab to the Supreme Court. These candidates, victorious in their respective constituencies as per Form 45, are present for the hearings.
During today’s hearing, Chief Justice Isa expressed concern over the recurring nature of controversies in Pakistan’s judicial appointments and questioned whether direct dialogue between the Chief Justice and the Chief Election Commissioner might simplify resolution processes.
The Chief Justice also addressed the use of formal titles in legal settings, prompting an apology from the Election Commission’s lawyer, Sikandar Bashir, for his previous misuse of the term “honourable.” Further, Chief Justice Isa inquired about the lawyer’s educational background and the contextual use of such titles in the United Kingdom.
The legal proceedings focus on interpreting Article 219(C) of the Constitution, with Chief Justice Isa urging the Election Commission’s lawyer to clarify the facts of the case.
According to the Election Commission lawyer, on February 14th, an official request was made to all high courts to submit lists of potential judges for the election tribunals. The Lahore High Court responded with two names on February 20th, and both were subsequently appointed. Additional appointments were made in April, further expanding the tribunal’s judicial panel.
