A division bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Babar Sattar conducted hearing of the ICA moved by Pakistan Tehrik-e-Insaf (PTI) leader Asad Umar against the earlier decision of IHC single bench wherein Justice Mohsin Akhtar Kayani had issued a verdict upholding the ECP’s decision to give access to the case record to the PTI founding member Akbar S Babar and not to remove him from the proceedings.
In another petition, the party has also sought a direction to treat the political party PTI at par with all the other political parties and the IHC division bench issued notices to the respondent in this matter as well. The PTI counsel mainly argued that the petitioner party has not been treated fairly and that it has been singled out. He contended that the Political Parties Order, 2002 read with Article 17(3) of the Constitution of Pakistan, 1973 contemplates that all political parties are to be treated equally and fairly.
The counsel stressed that the Election Commission of Pakistan is a creation of the Constitution and, therefore, its proceedings are to be regulated without interference by the court. He argued that the direction given by the single judge to decide the matter within thirty days, is not in consonance with the constitutional mandate.
Hopes ECP will ensure fair treatment with all political parties
The IHC bench directed the registrar office to issue notices to the respondents.
It also directed the Secretary, Election Commission of Pakistan to ensure that all political parties arrayed in the connected petition are duly served.
It stated, “In the meanwhile the operation of the direction given by the learned single judge in chambers to conclude the pending matter within thirty days is hereby suspended. Moreover, we expect that the ECP will ensure that an uneven playing field is not created by treating the political parties differently.”
“We expect the ECP to proceed with the scrutiny process by treating all the political parties equally and in accordance with law,” added the IHC bench.
After issuing the aforementioned direction, the IHC bench deferred the hearing till May 17.