ISLAMABAD - Chief Justice Iftikhar Muhammad Chaudhry, hearing the cases of bye-elections held after passage of 18th Amendment, on Tuesday observed that judiciary could have objected to the oath administered to President Asif Ali Zardari by Justice (r) Abdul Hameed Dogar but they did not want anarchy in the country.

The chief justice maintained that something would have to be done now without caring for the results and the courts would not work on the doctrine of necessity. A four-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry heard the petition filed by PTI Chairman Imran Khan regarding voters’ lists.

During the hearing, the chief justice asked Attorney General to tell about the legal status of those bye-elections, which were held without the constitutional formation of Election Commission of Pakistan (ECP)

AGP Maulvi Anwarul Haq submitted that a bill had been drafted to give protection to candidates elected in by-elections which would be sent to cabinet for formal approval.

The CJP further asked that why not the salaries and facilities of these 28 lawmakers should be stopped. The court adjourned the hearing till tomorrow (Thursday). Earlier, ECP had declared that the by-polls held during the period when ECP was incomplete, should be considered and treated as correct and legitimate being past and closed transaction.

“This is the doctrine of necessity, which we have buried for once and all”, the court observed, adding that violation of law was committed in by-polls, thus the successful persons of these by-polls might face disqualification.

The court also observed since the doctrine of necessity had been buried, thus everyone will have to follow the Constitution now, as there was no midway. The CJP observed that there could be some problems for the time being while implementing the Constitution, however, it would guarantee the institutions’ stability and transparency in the long run.

Agencies add: The chief justice said the salaries and perks given to nominated members were unconstitutional without the proper formation of an election commission.