Humayun Khan
PESHAWAR: The Peshawar High Court (PHC) will hear the Election Commission of Pakistan’s (ECP) petition challenging its single bench ruling on Pakistan Tehreek-e-Insaf’s (PTI) electoral ‘bat’ symbol and intra-party elections on Wednesday (today).
The electoral body had filed a review petition at the high court against its December 26 decision which had suspended the ECP’s order and restored the party’s ‘bat’ symbol till a final decision on the matter. The ECP, in its order, had declared PTI’s intra-party polls “illegal” and stripped it of using the ‘bat’ symbol. Following its order, the former ruling party approached the PHC seeking to restore its party symbol ahead of the general elections slated for February 8.
In its petition, the ECP then requested the court to review the PTI’s intra-party elections and its decision related to the election symbol. Earlier today, a single-member bench comprising PHC’s Justice Ijaz Khan conducted the hearing and reserved the verdict. However, the PTI lawyers did not appear before the court and later requested to hear them before deciding the plea.
After this, the court adjourned the hearing till today. During the hearing, the ECP’s lawyer presented his arguments and told the court that the body had filed a review plea against the high court’s order. He added that the ECP also issued a notice to the PTI in this regard. “PTI did not conduct the intra-party elections properly. Questions were raised on ECP’s powers and it was said that ECP’s decision was unconstitutional,” the ECP counsel said.
The lawyer said that the single bench suspended ECP’s order and issued a stay order without hearing the electoral body’s arguments. The stay order granted by PHC was not an interim relief but is tantamount to final verdict on the matter, said the lawyer. “The PTI also filed a petition in the Lahore High Court (LHC) when you can’t move second court after filing a plea in another,” said the ECP’s lawyer.
Justice Khan asked if there was anyone present from the petitioner’s party in the court. At this, the ECP lawyer said that there was no one. He then requested the court to withdraw the December 26 order, adding that a bench should be constituted to hear the case properly.
Meanwhile, the advocate general said that the federation doesn’t want to be a party in the case. “We have nothing to do with it, we should be removed from this case,” he added. The court then reserved the verdict after hearing the arguments.
PHC orders to submit record of cases against Murad Saeed in 7 days: A single bench of Peshawar High Court (PHC) Justice Ijaz Sabi ordered respondents including federal and provincial governments for submission of records of cases registered against former Federal Minister Murad Saeed, on Tuesday.
The counsel Shah Faisal Ottomankhel Advocate argued that petitioner’s son is former Federal Minister and charged in different cases after toppling Pakistan Tehreek-e-Insaf (PTI) led government in April 2022. He added that further cases were registered after 9th May 2023 incidents against Murad Saeed.
The provincial government didn’t provided information regarding cases against former Federal Minister while raiding his residence and Hujra as well as harassing relatives, the lawyer argued. He requested for provision of record of cases as PHC had granted relief to other petitioners in this regard. Former Federal Minister Murad Saeed is submitting nomination papers for upcoming general elections scheduled on 8th February as willingly appearing before court to face the charges and argued for stopping his arrest in all cases, the counsel stated. However, Justice Ijaz Sabi remarked that Supreme Court of Pakistan has set-aside PHC decision regarding stoppage of arrest of suspect by observing that how court can stop custody of accused. He further observed that how court can stop police from arrest of accused and added that the respondents would be directed for submission of record of cases.
Additional Advocate General Danyal Asad Chamkani argued that PHC had already turndown relief plea to former Federal Minister Murad Saeed in a writ plea filed Qazi Anwar Advocate by observing that the petitioner/ accused (Murad Saeed) neither singed Wakalat Nama nor present before court while added that yesterday (on Tuesday) is similar situation as his father is present as petitioner. PHC’s Justice Ijaz Sabi ordered respondents including federal and provision governments for submission of reply within seven days in this regard.
Meanwhile, PHC has granted transit bail to two candidates for Punjab Assembly named Arsalan Hafeez and Imran Yousaf till 13th January. The counsel Habib Qureshi advocate argued that the petitioners are senior lawyers and submitted nomination papers for Punjab Assembly which were rejected on the ground of cases registered against them. He added that the petitioners were not aware regarding their nomination cases and willing to appear before concerned court but there is fear of their arrest. PHC has granted transit bail to two candidates for Punjab’s Assembly till 13th January 2024.
