File appeals in election tribunals against rejection of nomination papers, SC tells PTI

Chief Justice of Pakistan (CJP) Qazi Faez Isa has declared that the courts are standing behind country’s every political party as far as the general elections are concerned, reported 24NewsHD TV channel.

The CJP made the remarks on Wednesday while heading a three-judge bench comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali which heard Pakistan Tehrik-e-Insaf’s (PTI) contempt plea against the Election Commission of Pakistan (ECP).

The petitioner through its petition alleged that the ECP has violated the apex court’s order for a level-playing field for the February 8 general elections.

Issuing notices to the Punjab inspector general of police (IGP), the chief secretary and the advocate general Punjab (AGP), the Supreme Court directed them to submit their replies in the case. 

During the hearing, Justice Isa objected to the use of word ‘Sardar’ by PTI lawyer Latif Khosa with his name. “Now please stop using titles like Sardar, Nawab and Pir,” he said while addressing Advocate Khosa, and added, “The Sardari system had been abolished in 1976. Either stick to that system or follow the constitution of Pakistan. Stop joking with the constitution.”

Khosa replied that the word ‘Sardar’ was written on his computerized national identity card (CNIC). “And that’s why I still use this title.”

“Leave titles like Sardars and Nawabs. Don’t try to raise your stature by adding such prefixes to your name. Come out of servitude,” the chief justice retorted. 

“Why don’t you go to the ECP which is a relevant forum. You are wasting your time here in the apex court instead,” the CJP further inquired.   

Whosoever’s nomination papers, the CJP went on to say, had been rejected by the returning officers (ROs) should go for an appeal in election tribunal to seek remedy and that’s it.

Advocate Khosa replied that when the PTI candidates had not received copies of ROs’ orders, how could they appeal?

The CJP then noted that if nomination papers had been rejected, an appeal could be filed against the rejection.

Khosa informed the SC bench that 668 nomination papers of the PTI had been dismissed, to which Justice Mazhar wondered how the court could understand the matter without being provided with the figures for the forms accepted. Justice Mazhar also noted that the plea stated that data had been gathered via social media platforms and the names of a few had not been stated. Khosa clarified that all the complaints were from the PTI.

Justice Isa reiterated the option to appeal the rejection, to which the PTI lawyer replied that copies of the rejection were not being given and the path to appeal was “blocked”.

Justice Isa maintained “We are trying to push through democracy but every day, we come across people not wanting to go into elections. The courts are standing behind every political party for elections. We have repeatedly said so,” he observed.

CJP Isa then directed Khosa to approach the election tribunal and then contact the apex court if the matter was still unresolved.

At one point during the hearing, the CJP wondered how the court could accept the PTI’s contempt plea without listening to the other respondents and how it could direct for “accepting a party’s papers and rejecting those of others”.

The court then summoned the ECP officials to the rostrum. The CJP inquired about the deadline for filing an appeal against the rejection of nomination papers, to which the ECP’s director-general of law replied that today is the last day.

For his part, Khosa argued that he had made the IGs respondents as the ECP had issued directives to them on the party’s complaint. When asked about the copy of the complaint, the counsel replied he had not attached it with the contempt plea.

Khosa asked whether the ECP had fulfilled its responsibilities by only giving directives to the provincial authorities, at which Justice Isa told him to stay within the scope of the contempt plea.

The CJP noted that the election commission had on Dec 26 submitted a report on the implementation of the SC’s directives. Here, Khosa urged the apex court to adjourn the hearing till tomorrow, at which CJP Isa directed the PTI counsel to submit a response to the ECP’s report first and provide details of what happened after Dec 26.

Upon Khosa saying that “everything has appeared on the media”, the chief justice said he does not watch the media. “Not just cosmetic implementation; you are the protector of basic rights, you should ensure transparent elections,” Khosa urged CJP Isa.

Meanwhile, Justice Mazhar asked the ECP officials whether the body was providing the PTI with a level playing field, to which the ECP’s law DG replied that “every complaint” of the PTI had been forwarded to the relevant authorities and was decided according to law.

However, Khosa contended that a “blind eye cannot be turned to people picked up from outside RO offices”, adding that his own son was arrested.

The chief justice inquired whether the Punjab advocate general was present in the courtroom, to which the additional advocate general said he was not.

The SC then directed Punjab Inspector General Dr Usman Anwar and the provincial advocate general and chief secretary to submit a report on whether its Dec 22 directives have been complied with.

The court then adjourned the case’s hearing until January 8.

Earlier on Wednesday, PTI lawyers submitted additional documents to the Supreme Court on the contempt of court petition filed against the Election Commission of Pakistan (ECP) in the case of provision of a level-playing field to the party.  

The court was informed that the nomination papers of 668 top PTI leaders were rejected. The court was also told that not only that but the nomination papers of close to 2, 000 candidates of the party’s second tier were also rejected.

It was further stated in the documents that 56 incidents of snatching of nomination papers from the PTI candidates were reported.

Besides that, police also picked up proposers and seconders of the party’s candidates, read the documents.  

Reporter: Amanat Gishkori