ISLAMABAD (APP): The Supreme Court on Monday summoned the Chief Election Commissioner (CEC) and members of the Election Commission of Pakistan (ECP) along with a proposed scheme to curb corrupt practices in the Senate elections on Tuesday.
A five-judge SC larger bench comprising Chief Justice of Pakistan Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi heard the presidential reference seeking an opinion on open balloting for the upcoming Senate elections.
During the course of proceedings, Attorney General for Pakistan Khalid Jawed Khan said the Pakistan Bar Council (PBC) and the Sindh High Court Bar Association (SHCBA) had become parties in the case and expressed disappointment over them for opposing the reference without giving any dissenting opinion.
The CJP said the bar associations had asked the court to announce a decision according to the Constitution. The AGP said it was worrying that the political parties and the bar councils were opposing the open ballot. .
The chief justice remarked that the bar councils should be independent, not partisan.
The attorney general said the bar councils had played a role for upholding the Constitution and the rule of law in the past, and they should review their position. Both the PBC and the SHCBA had made an alliance with the political parties, he alleged.
The CJP said the bar councils wanted that no action should be taken against the Constitution.
Justice Ijaz said the bar councils also sent their resolutions to judges, which was not a professional behaviour. It was necessary to determine the limits from the where the work of bar councils ended and that of the court began, he added.
The attorney general said the bar councils were opposing open balloting for Senate polls while the survival of democracy was in transparent elections.
Justice Bandial said the Election Commission was a federal institution whereas the local governments were a provincial subject. The provincial assemblies bound the federal body through legislation, he added.
He said Parliament did not amend the law for holding Senate elections through open ballot.
The AGP said sometimes a judicial interpretation was required. The court interpreted the law and the Parliament amended it accordingly. Previously the Election Commission had been given powers as per court orders, he added.
Justice Ijaz said it was the responsibility of the Election Commission to ensure transparent elections. If the Constitution stated to ensure transparency then the Election Commission was fully independent, he added.
Even in open ballot there would secret voting, he said, adding the ECP could do anything to eradicate corruption in the electoral process.
The chief justice said the Senate elections should be secret but complaints should be investigated.
Justice Ijaz said preventing the corrupt practices was the responsibility of Election Commission.
The court directed the the CEC to submit the election scheme in the court with reference to the Senate elections.
Later, the court summoned the CEC and ECP members and adjourned the case till Tuesday.
