Supreme Court suspends LHC’s verdict regarding election tribunals. Chief Justice Isa says license of lawyer who scandalizes the court will be suspended.

ISLAMABAD   -   The Supreme Court of Pakistan on Thursday suspended the Lahore High Court’s judgment and notification for the appointment of Election Tribunals in the Punjab province for the trial of election petitions until its next date of hearing.

A five-member larger bench led by Chief Justice of Pakistan Qazi Faez Isa and comprised on Justice Amin Ud Din Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Aqeel Abbasi heard the appeal against the establishment of election tribunal. The SC was asked to decide who has the power to appoint the Election Tribunal, whether the Chief Justice of the High Court or the Commission has primacy in Tribunals’ appointment.

The bench declared that the Election Commission of Pakistan correspondence for meaningful consultation with the Chief Justice LHC regarding the instant matter will be deemed “to have not been acted upon.”

It said: “We are confident that the meeting between CJ LHC and Chief Election Commissioner (CEC) on Election Tribunals appointment will immediately take place thereafter the notification of Justice Aalia Neelum as Chief Justice of Lahore High Court.

Sikandar Bashir Mohmand, appearing on behalf of the ECP, informed that the Commission on 14-02-24 wrote to the Registrar LHC for the appointment of the Election Tribunals, and pursuant to that two judges were provided for appointment of Tribunals and then the Commission issued their requisite notification and allocated their respective territorial jurisdiction.

He submitted that as the two Tribunals were not sufficient therefore, the ECP again approached the LHC and sought names and two more judges were appointed as Election Tribunals in the Punjab. However, thereafter when more names were sought then the Chief Justice Lahore High Court unilaterally appointed four Tribunals and allocated their territorial jurisdiction.

Sikandar further informed that in the meanwhile, advocate Salman Akram Raja, who had contested the election, but lost filed writ petition before the LHC. A single judge bench of the LHC on 29-05-24 decided the matter without any manner adverting to the case.

The Chief Justice inquired from Sikandar whether Chief Election Commissioner (CEC) had held meeting with the CJ LHC. He replied no meeting took place, but there was correspondence between the ECP and LHC on the issue.

The bench noted that if meaningful consultation face to face takes place between the ECP, which is a constitutional body and the Lahore High Court office holder then this matter could be resolved amicably. It observed that since the Judicial Commission of Pakistan (JCP) in its meeting dated July 2, 24 has nominated a judge (Justice Aalia Neelum) for the position of Chief Justice LHC, but her confirmation is before the Parliamentary Committee on Judges Appointment.

The apex court expected that the matter (of confirmation) would be finalised soon, and thereafter the said could take place between the CEC and the CJ LHC.

Onset of the proceeding, Niazullah Niazi, lawyer PTI leader Shaukat Riaz Basra and others, came to the rostrum and stated they have objection on the bench, adding; “My clients want that CJP Faez does not hear this case.”

The Chief Justice reacting to Niazi’s objections, said; “enough is enough to scandalize the courts.” He said that Niazi in the last hearing had moved an application to implead as party, adding he (Niazi) was permitted to become party. The CJP said that he shall refer his case to the Pakistan Bar Council (PBC) for the suspension of practicing license.

“The scandalizing of the Chief Justice of Pakistan must stop. There is perpetual scandalizing of the Court. You (Niazi) moved an application for impleadment, which they had granted.” He said Salman Akram, who is petitioner before the LHC, and has also approached this Court did not raise this objection. He further said that even the PTI leader (Imran Khan) when appeared before the apex court, in another case, through video-link, did not object on him.

The Chief Justice warned that if any paper wanted such kind of headlines, then it would not be permitted, and the lawyer case will be sent to the PBC for action. He said there is democracy in the country and now we have in the Supreme Court. Now instead of Chief Justice of Pakistan the Committee, constituted under Supreme Court (Practice and Procedure) Act, 2023, forms the benches and fix the cases.

Justice Jamal Khan Mandokhel stated that they (judges) are not sitting for likeness and dislikeness of the litigants. He said if the decision is favour of any party then he like it, but if it goes against them then they start raising objections. Later, the bench deferred hearing of the case for indefinite period.

APP ads: The chief justice said that the license of a lawyer who scandalizes the Supreme Court will be suspended. You just wanted to spoil the case, he said.