Depriving a political party of election symbol became the root cause of a series of mistakes: Justice Munib

ISLAMABAD, June 4 (SABAH):  Hearing the Sunni Ittehad Council’s appeal for allotment of reserved seats, the Supreme Court on Tuesday observed that depriving a political party of election symbol became the root cause of a series of mistakes.

A 13-member bench comprising Justices Syed Mansoor Ali Shah, MunibAkhtar, YahyaAfridi, Aminuddin Khan, Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, AtharMinallah, Syed HasanAzharRizvi, ShahidWaheed, IrfanSaadat Khan and NaeemAkhtar Afghan resumed hearing the case.

The proceedings were broadcast live on the SC’s website and its YouTube channel. Advocate Faisal Siddiqui, representing SIC’s female candidates who were denied the reserved seats, resumed his arguments in the case.

The hearing was then adjourned to 9:30am on June 24, with Justice Shah stating that the counsels of both sides would have two entire days to sum up their arguments in the case.

During the proceedings, Justice MunibAkhtar observed that the Supreme Court decision was announced just before allocation of election symbols to parties. He remarked that there were a series of legal mistakes which began from this point.

Chief Justice of Pakistan QaziFaez Isa asked if apex court had given ruling that the bat symbol would not be allotted to the PTI. PTI lawyer Faisal Siddiqui said, “No, the Supreme Court did not say so.”  The CJP said court had not asked the PTI to not hold intra-party elections. If the PTI would hold intra-party elections, all the problems would be solved, he observed. Justice AtharMinallah said the PTI was continuously complaining it had not been provided a level playing field. The chief justice said the complaint was not before the court.

Justice Minallah said the Supreme Court was responsible for protection of basic rights of the people. “We will see how to protect basic rights of the people.”  Justice Ayesha Malik said the election symbol reserved for a party could not be given to a candidate of any other party.

The chief justice remarked that after apex court ruling if the PTI candidates declared themselves independent and demanded bat symbol? He observed that the PTI deprived its people of democratic right by not holding intra-party polls. He remarked, “The ECP decisions are challenged everyday. You are not now independents.” 

In response to the SIC lawyer’s argument that there wouldn’t have been any problem if the apex court had explained its verdict on the bat symbol, the chief justice said that the issue of reserved seats would simply not exist if the PTI had conducted its intra-party polls.

“Why did you not ask for the bat as an independent candidate,” the CJP asked Advocate Siddiqui. He said that the party should’ve declared its candidates as independent and should’ve then sought the bat symbol.

“You should’ve at least tried to secure the bat symbol. The SC would then would have seen whether it was to be allotted to you or not,” the CJP said. “All independent candidates cannot ask for bat,” the counsel replied, stressing that Salman Akram Raja had even requested the ECP to be declared as a PTI candidate. However, he added, Raja’s request was dismissed.

“Don’t blame everything on the SC,” The CJP stressed. “Had the elections been held they would’ve benefited PTI members themselves. “If you want to talk about democracy, then follow it to the letter,” the CJP remarked. “Start from the beginning, don’t talk about the ECP and the establishment,” he added.

Justice Munib remarked that a candidate who portrays himself as belonging to a party will be considered to be affiliated with it. Only those will be considered as independent candidates who submit an affidavit that he is not affiliated with any political party, he said. “How can the ECP’s law could declare PTI’s candidates as independents,” Justice Munib noted.