PTI’s Barrister Ali Zafar on Tuesday contended that the Election Commission of Pakistan (ECP) was just a “record keeper” and did not have the power to strip a political party of its electoral symbol.
Barrister Zafar’s argument came during the hearing of PTI’s pleas seeking to restore their electoral symbol bat and challenging the Election Commission of Pakistan’s (ECP) decision declaring its intra-party election as null and void.
On December 22, the ECP had decided against letting PTI retain its electoral symbol for the February 8 election, saying that it had failed to hold intra-party polls — which saw Barrister Gohar Ali Khan becoming the PTI chairman — according to its prevailing constitution and election laws.
The PTI then went to the PHC. On December 26, the PHC put a hold on the ECP’s declaration that the PTI’s intra-party polls were unconstitutional and the revocation of the “bat” symbol until January 9. It also mentioned that general elections were set for February 8 and that the deadline for obtaining election symbols was January 13. On December 30, the electoral watchdog filed a review petition in the PHC, claiming that the court had overreached its jurisdiction. A few days later, in a major setback for the PTI, the high court upheld the ECP’s December 22 order that had deprived the party of that symbol.
Today, Justice Ejaz Anwar and Justice Syed Arshad Ali took up the plea.
Prior to the hearing, the PTI Lawyers’ Forum informed the court that party counsels Gohar and Barrister Ali Zafar would arrive by 12:30pm, requesting it to wait till then to begin the hearing.
When the hearing commenced beyond the scheduled time, Advocate Qazi Anwar informed the PHC that Gohar and Zafar would arrive in “five to ten minutes.” In response, Justice Anwar expressed dissatisfaction, questioning their commitment and stating that the court had been waiting since the morning.
Justice Anwar recalled previous practices at the Supreme Court, emphasizing their punctuality. Qazi sought additional time, assuring the court that the PTI leaders would soon be present.
Expressing displeasure, Justice Anwar questioned the delay, stating, “What manner is this that the [court] bench is being kept waiting?” The court acknowledged the ECP’s response and decided to commence the hearing upon the arrival of PTI lawyers.
Justice Anwar instructed the summoning of lawyers objecting to the PTI’s intra-party polls and electoral symbol, including Akbar S. Babar. Noting his absence, the judge directed their presence.
During the hearing, Jahangir Raza, challenging the party’s intra-party polls, cited his counsel’s absence due to a strike. Justice Anwar emphasized the court’s independence from strikes.
The ECP informed the court that electoral symbols would be allotted on January 13. ECP counsel Sikandar Shah Mohmand stated that without a symbol, PTI candidates would be considered independent, as the stay order on the December 22 ruling had expired.
Justice Ali questioned the possibility of resolving the matter without Supreme Court intervention. The ECP lawyer indicated that it wouldn’t reach the apex court if a decision was made that day.
Apologizing for the delay, PTI lawyer Qazi informed the PHC about Ali’s late arrival. Justice Anwar, deciding not to wait further, adjourned the hearing until 1:15 pm.
Upon resumption, Barrister Zafar and Gohar apologized for their late arrival. Zafar argued that those challenging the PTI’s intra-party polls had demanded a re-election despite the party’s submission of records to the ECP. He contended that the objectors were not PTI members, emphasizing the exclusion of their names from the party’s 800,000 voters.
