Chief Justice of Pakistan (CJP) Qazi Faez Isa emphasized that the Supreme Court would not take over the responsibilities of the election commission during the hearing of a petition challenging the Peshawar High Court's decision to restore the Pakistan Tehreek-e-Insaaf (PTI) party's 'bat' election symbol. The three-member bench, including CJP Isa, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali, heard the case.
CJP Isa responded to PTI counsel Hamid Khan's arguments, stating that there is a clear line of demarcation between the functions of a constitutional body and a statutory body. He remarked that if the Election Commission of Pakistan (ECP) is performing its duties, the Supreme Court will not intervene in how they conduct their tasks.
CJP Isa emphasized that the election commission is not only a quasi-judicial body but also a constitutional body with two functions: regulating the affairs of political parties and ensuring free and fair elections.
The case stems from the ECP's decision on December 22, which denied PTI the retention of its electoral symbol for the general elections, citing failure to conduct intra-party polls as per prevailing constitution and election laws. PTI challenged this decision in the Peshawar High Court, which, on Wednesday, declared the ECP's decision unconstitutional and restored PTI's 'bat' electoral symbol. The court directed the ECP to return the symbol and upload the party's certificate of internal elections on its website.
During the hearing on Friday, the PTI was represented by Hamid Khan, while Makhdoom Ali Khan served as the ECP lawyer. The hearing was adjourned until 1:30 pm.
(With Agency Inputs)
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