Ordinance post-law is contempt of parliament, says Chief Justice

ISLAMABAD: During the hearing on the Election Commission of Pakistan’s (ECP) appeal against the formation of election tribunals in the Supreme Court, Chief Justice of Pakistan (CJP) Qazi Faez Isa remarked that if the work is to be carried out by an ordinance, then parliament should be shut down.

He said that bringing an ordinance after the parliament has already made a law is an insult to the parliament.

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A two-member bench of the Supreme Court headed by CJP Isa and including Justice Naeem Afghan is hearing the ECP’s appeal regarding election tribunals today.

During the hearing, the CJP remarked that why does everything become controversial in Pakistan. He mentioned the dispute between the President and the ECP on the date of the elections as well.

ECP’s lawyer Sikandar Bashir and Pakistan Tehreek-e-Insaf’s (PTI) lawyer Salman Akram Raja appeared before the court. The Chief Justice inquired about the facts of the case. The ECP’s counsel responded that on February 14, the ECP wrote letters to all the High Courts for the formation of tribunals requesting panels.

The lawyer further said that the names of two judges were given by the Lahore High Court (LHC) on February 20, and both judges were notified for election tribunals. On April 26 two more judges were included in election tribunals.

During the hearing, the Chief Justice interrupted ECP’s lawyer for saying the word “respectable” for the high court. CJP said that this word is said for the judges, not the courts.

Continuing with arguments, Sikander Bashir said that there was no dispute until the formation of four tribunals.

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In response, the CJP said that if the Chief Election Commissioner (CEC) and the High Court Chief Justice had sat down, a solution to the dispute would have been found. He said that it is not written anywhere in the constitution that the CEC cannot meet a judge.

Continuing he said that if there was a dispute between the President and the ECP on the date of the elections, why are letters being written on behalf of the Registrar High Court? The Chief Justice remarked that the Constitution is very clear that the ECP has the right of constituting election tribunals.

Article 219 Section C has made it very clear, we have taken an oath under the Constitution and the law, the CJP said.

The Chief Justice, while giving remarks on the Presidential Ordinance related to the formation of tribunals, said that when was the law of retired judges made? How can change be made through Presidential Ordinance, he questioned.

He added that on if the Parliament has made the law, then how can an ordinance be brought after the law of the Parliament? Was it an emergency, he asked, adding that Election Act was the wish of the Parliament, then whose wish was this Ordinance. ECP’s counsel said that the Ordinance was the wish of the Cabinet and the Prime Minister.

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Chief Justice Isa inquired whether the importance of parliament or the cabinet is more important. On which ECP lawyer Sikandar Bashir said that Parliament has more value.

Justice Naeem Akhtar Afghan remarked that the ECP wrote letters to all the High Courts and there was no dispute, except for LHC.

Justice Faez Isa remarked that there is an ego problem. If either there are no judges left, or all have retired, then it makes sense to appoint retired judges, he said. He asked where the ECP stood on this ordinance, to which ECP’s lawyer Sikandar Bashir said that the ordinance was unnecessary.

The Supreme Court gave notice to the Attorney General of Pakistan (AGP) and asked the ECP for the details of the formation of tribunals in other provinces. Justice Naeem Akhtar Afghan said that the court wanted to see why the formation of tribunals did not happen in other provinces.

The hearing was adjourned indefinitely.