If holding free, fair & transparent elections lies in responsibilities of ECP then what is motif of installing caretaker govt: CJP Qazi Faez Isa


ISLAMABAD, Oct 24 (SABAH): Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa while questioning the installing of interim government has said if holding free, fair and transparent elections in the country is the responsibility of the Election Commission of Pakistan (ECP) then why caretaker governments are formed; however it may be supposed that it is the job of the Parliament as courts’ job is only of interpretation of laws.

A three-member bench headed by CJP Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah conducted hearing on a petition filed by Sardar Kashif Khan regarding holding elections on the same day in whole country.

Chief Justice of Pakistan Justice Qazi Faez Isa further said that things are improving and added if someone wants to know about the order of the court he can read verdict of 21st  Constitutional Amendment. He maintained this verdict consisted of 800 pages; however, the order of the court comprised only one paragraph which had been signed by all the judges present on the bench. Order of the court means the order which contains signatures of all the judges.

Justice Athar Minallah has made it clear that whosoever violates the Constitution he must be held accountable; adding that the violation of the Constitution should not go unnoticed and added all parties should be given a level-playing-field for taking part in the general elections which are going to be held in the offing. There are many issues including the issue of presence of people in internment centers, disappearances and missing persons issue, he added. 

Pakistan People’s Party’s (PPP) lawyer Senator Farooq Hamid Naik declared the caretaker government as unconstitutional; however on the directions of CJP Justice Faez Isa he took back his statement.

Shah Khawar represented the petitioner. Meanwhile PPP leader Senator Farooq Hamid Naek, Additional Attorney General Chaudhry Amir Rehman and Director General Legal ECP appeared before the bench on the court notice. At the start of the hearing applicant’s lawyer Shah Khawar Advocate argued that the court has already taken cognizance of the matter of the holding of the elections in the country and summoned reply from ECP and federal government so this petition has become infructuous. The court dismissed the petition on the basis of withdrawal and becoming infructuous.