The Supreme Court annulled the decision of the Peshawar High Court’s January 10 order that restored the Pakistan Tehreek-e-Insaf’s bat electoral symbol, reported 24NewsHD TV channel.
The court passed the reserved verdict on the election commission's petition against the PHC. A three-judge bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali reserved the verdict earlier.
It ruled the PTI failed to conduct transparent intra-party elections. According to the election commission, PTI intraparty elections were not valid. The commission issued notices to PTI for not holding intra-party elections.
The ruling added: "The election commission has given notice to PTI to hold intra-party elections in 2021. The election commission has given PTI time till June 2022 to hold elections.
"The election commission asked to conduct the elections in 20 days, otherwise, they were told to take election marks. A five-member bench of the Lahore High Court was formed on the petition of PTI, which is pending.
"PTI did not withdraw its petition in Lahore High Court even after re-election. PTI ignored democracy in intra-party elections."
During the hearing of the Election Commission of Pakistan’s appeal against the Peshawar High Court decision to restore the PTI’s election symbol ‘bat’, the Chief Justice of Pakistan has remarked that instead of accusing the establishment and ECP of any mala fide intentions, it should prove its allegations.
During yesterday’s hearing, the Chief Justice remarked that the Election Commission is a constitutional institution and nobody could interfere in its work. If the Election Commission does any illegal work, then the matter can be looked into, he added.
He also remarked that the Peshawar High Court’s order to restore the Pakistan Tehreek-e-Insaf’s iconic electoral symbol ‘bat’ was prima facie flawed.
The top judge further observed ‘every citizen has a fundamental right to vote for a political party of his choice and likewise every member of any political party enjoys the same right. If this right is snatched, it will be a dictatorship’.
During yesterday's proceedings, PTI lawyer Hamid Khan and ECP lawyer Makhdoom Ali Khan appeared in the court. Besides them, estranged PTI founding member Akbar S Babar, PTI chairman Gohar Ali Khan, party’s election commissioner Niazullah Niazi, and lawyer Shoaib Shaheen were also present during the hearing.
PTI lawyer Ali Zafar attended the hearing via video link from the SC Lahore registry.
Today’s hearing
At the outset of the hearing today, PTI lawyer Ali Zafar started giving his arguments.
He said that the Election Commission discriminated against the PTI according to Article 25. He said that the ECP is violating Article 17-2. He contended that the ECP is not a court of law that could hold a fair trial.
The PTI lawyer argued further that none of the PTI members has challenged the intra-party elections. Even if the elections were challenged, it would become a civil court matter, he argued.
Ali Zafar said that the PTI is a political party and the Election Commission does not have the authority to issue notices by itself.
He said that the Election Commission apparently acted maliciously by taking away the symbol of the bat.
He said he would also place a summary of the PTI constitution before the court. He said that the PTI conducted its internal polls before June 8, 2022. The Supreme Court gave a decision to hold general elections on February 8, the lawyer said adding that the PTI had 20 days after the announcement of the poll date to hold its intra-party election. He said the party conducted its intra-party elections on December 2, 2023.
Ali Zafar said that the Election Commission declared PTI intra-party elections null and void on December 22 and withdrew the election symbol from it.
He said that the PTI did not do any irregularity in the intra-party elections as the polls were conducted according to the constitution of the party.
Ali Zafar said that out of the fear that the PTI would be excluded from the elections, the intra-party polls were held in 20 days.
He said that the ECP admitted that the intra-party elections were correct but it said that the appointment of the leaders was wrong.
Chief Justice Qazi Faez Isa remarked that if the intra-party elections were correct then the party would get the poll symbol. He said that there should be democracy in every political party and members of every political party should get basic rights.
The Chief Justice inquired if every PTI member was given a chance to participate in the intra-party elections. He said that Akbar S. Babar claims that he is a party member but he was kept out of the election.
The CJP asked the PTI lawyer since he has accused the Election Commission of malice, he should prove it.
He remarked that the Election Commission said that show-cause notices were also issued during the PTI government.
The Chief Justice said that the Election Act has not been challenged, so the court would not talk about the Act.
Justice Mohammad Ali Mazhar asked if the PTI conducted its polls according to the Election Act. He said that the PTI talks about a level playing field but does not give a level playing field to its members. The PTI has violated its constitution, the judge said adding that the PTI members are complaining that they were not allowed to take part in the party elections.
Ali Zafar said that their basic stance is that the petitioner is not a member of the PTI. He said that the ECP sent 32 questions which have been replied. He said the ECP has not mentioned any irregularity in the election in its decision.
Establishment, ECP are our institutions, which we need: CJP
Chief Justice Isa remarked that the main question is democracy, not the implementation of the party constitution. He said at least it should be visible that elections have been held.
The Chief Justice asked the PTI lawyer to show the document if Akbar S. Babar had resigned or joined another party.
“It is not enough to make accusations on the Election Commission on social media or the media. How come the ECP was an independent institution in your government, but now it has become subordinate to someone?”
Ali Zafar said they are also not challenging the Election Act.
Justice Mazhar said that the ECP did not act itself, it took action after receiving complaints.
The lawyer said that the Election Commission did not identify any such irregularity. He said he would answer all the questions with documents. He said the election symbol is the basic right of a political party.
The Chief Justice told him off saying they already know what the election symbol is.
He said the sword symbol was taken from the PPP in the past and then PPP became a PPP Parliamentarian, the same thing happened with the Muslim League.
The Chief Justice went on to say, “Today the PTI opponents are no more in the government. They use word ‘establishment’, not the Army. The PTI accuses the establishment and does not give evidence. The role of the establishment in the past was very clear and strict. If the PTI just wants to blame and stage a political drama, then the institutions will become weakened. We need all our institutions which have to be strengthened.”
Addressing the PTI lawyer, the Chief Justice said that the Tehreek-e-Insaf says that the establishment is putting pressure on the Election Commission, then prove it. He said why should the establishment put pressure on the Election Commission.
The Chief Justice asked if it was not the PTI itself which appointed the Chief Election Commissioner. He said that the PTI did not mention the ‘establishment’ that existed during its tenure. At that time everything was good but now all institutions have turned against it, the Chief Justice observed adding that it is easy to put blame on Parliament.
“Establishment, Election Commission, they are all our institutions, which we need,” the top judge remarked.
‘No certificate if it’s not proved that elections were held according to party constitution’
The PTI lawyer said that according to the Election Act, every political party has to give a certificate within 7 days of party elections, on which Justice Musarrat Hilali said that the certificate is subject to elections according to the party constitution.
Barrister Ali Zafar said that the Election Commission does not have the authority to scrutinize intra-party elections, on which Justice Muhammad Ali Mazhar said that the real problem is jurisdiction.
The Chief Justice said that the Election Commission has only one wish to hold party elections, on which Barrister Ali Zafar said that party elections were held, but the Election Commission did not agree.
Chief Justice Qazi Faez Isa said why 14 petitioners were not allowed to contest the election? To which Ali Zafar said, if anyone has any objection, he should go to the civil court. The Chief Justice said, "We stand with democracy whether it is inside or outside the house. Do you want democracy or not? You want politics, not democracy."
Justice Musarrat Hilali remarked that the PTI would get the certificate only when the elections are held as per the party constitution.
Barrister Ali Zafar said, "Suppose no one came to contest the election, then will the election be annulled," to which the Chief Justice said, "We will go for full democracy, it will not be a lame talk, if 326 members come unopposed on February 8. So I will not accept this, the government should lock 326 candidates in their houses and elect 326 candidates uncontested, legally there will be an election but I will not accept it as an election. There should be a democracy in political parties. It is not a matter of pieces of paper whether something happened or not.”
Justice Musarrat Hilali remarked that PTI did not announce on the website, how certain people came to know that there was an election, to which Barrister Ali Zafar said that the nomination papers of the party election were also on the website and also in the Provincial Election Commission. The nomination papers were removed from the website after the party election.
The Chief Justice of Pakistan said, "Then you are admitting that you have violated the constitution of the party. It is written in your constitution that the election of the party chairman is to be held after 2 years and the rest of the officials after 3 years. Everyone knows who are the top leaders of the political parties. Perhaps out of respect or for some other reason, no one raises any question on these positions, let's say there should be elections on these small positions if not on these big positions.”
Justice Musarrat Hilali asked the PTI lawyer that he is saying that the intra-party elections were held unopposed, then according to him, why did so many people come together in Chamkani area of Peshawar?
The PTI lawyer said that every party has a great leader and people do not oppose his decisions due to respect, the PTI has a leadership like the PTI founder, on whose decision people do not object, the Chief Justice remarked, “sorry again, this is not a democracy, it is a dictatorship, I will call it a dictatorship, it is understandable not to object to some officials, but not to object to anyone is incomprehensible.”
Ali Zafar said that even if it is believed that no one came to the place of intra-party elections, there could be no question about the election.
The Chief Justice inquired when did he or Barrister Gohar join the PTI? On which, Barrister Gohar said, he joined a political party some time ago, while Ali Zafar said that Barrister Gohar was in the People's Party earlier.
The Chief Justice said that the court is being prayed to believe in the statement of a chairman who joined the PTI two years ago but not to believe in the statement of Akbar S. Babar who is a founding member of the party.
Ali Zafar said that Akbar S. Babar was expelled from PTI in 2018, to which the Chief Justice of Pakistan said ‘show us the letter of dismissal, this is what we have been asking for since yesterday’.
Justice Musarrat Hilali said Akbar S. Babar is not a party member then show the proof, to which Ali Zafar said he has instructions from the party that other petitioners including Akbar S. Babar are not members.
The Chief Justice asked who gave you the instructions? On which Barrister Ali Zafar said that the instructions of the party chairman are that the petitioner is not a member, the Chief Justice remarked that the instructions are being given by the chairman who joined the party 2 years ago.
Ali Zafar said that details of all the members are available on PTI's website and its contact app, on which Justice Qazi Faez Isa said that there is no evidence on the website.
The Chief Justice of Pakistan asked Ali Zafar ‘why you or Hamid Khan were not nominated, all the new people came to the PTI. Where did the old people go, when new faces came suddenly, what can happen? The party has been hijacked politically.’
The CJP said that the election could not be held without a panel, is it not contrary to democracy that four people divided among themselves the entire political party together.
After that the court announced half an hour break.
Reporter Amanat Gishkori