ISLAMABAD, Feb 16 (APP): The Supreme Court on Thursday directed Chief Election Commissioner (CEC) Sikandar Sultan Raja to submit a detailed report regarding the obstacles in the way of the Punjab provincial assembly elections.
A two-member SC bench comprising Justice Ijaz Ul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi issued these directives while hearing a case filed by former Capital City Police Officer (CCPO) Lahore Ghulam Mahmood Dogar against Federation of Pakistan through Secretary Cabinet Division, Islamabad and others. Former CCPO Lahore Ghulam Mahmood Dogar had challenged his transfer before the apex court.
During the course of proceedings, Justice Ahsan asked why Ghulam Mahmood Dogar was transferred despite apex court’s orders.
He said that there were Supreme Court’s orders and asked what was the rush to transfer Ghulam Mahmood Dogar?
The Additional Advocate General (AAG) Punjab said that the former CCPO Lahore was transferred with the Election Commission of Pakistan’s (ECP’s) permission.
Upon this, Justice Ahsan asked what was the role of the election commission in the change of officers?
Justice Sayyed Mazahar Naqvi said that the election commission’s role came after the announcement of the elections.
The AAG said that permission was taken from the election commission due to the caretaker setup in Punjab. According to the Constitution, elections were to be held within 90 days after the caretaker setup, he added.
Justice Ijaz asked then where the election was?
Justice Mazahar said that half of Punjab was transferred.
He asked was there any district in Punjab where a transfer has not occurred?
Justice Ahsan asked was the election commission not aware of the orders of the Supreme Court? The election commission was doing everything except its own job, he added.
The court then summoned CEC Sikandar Sultan Raja immediately, pausing the hearing for an hour.
Later, the CEC appeared in court and the hearing resumed.
Justice Ijaz said that the constitution mandated that elections be held within 90 days in any case. It was the election commission’s responsibility to hold elections, he added.
He said that if the elections were not held within the stipulated time, the constitution would be violated. There was no ambiguity within the Constitution about holding elections within 90 days, he added.
He said that conducting transparent elections was the sole responsibility of the Election Commission. Caretaker government could not make appointments and transfers, he added.
He said that if caretaker government intended to make a transfer, it should submit a request with concrete reasons. The Election Commission of Pakistan (ECP) was obliged to issue an appropriate order after reviewing the reasons, he added.
The CEC said that if the court orders, the commission would stop the transfer of the CCPO. If the ECP gave the election date, it would be going against the Constitution, he added.
The Supreme Court asked the Election Commission for the details of the correspondence between all the institutions.
Justice Ijaz said that the constitution obliged every institution of the country to hold elections within 90 days.
The CEC stated that if he got a chance, he wanted to put some things before the court.
He said that he was being prevented from exercising his powers and constitutional requirements. When ECP asked the army for security, it was refused, he said and added that when the electoral watchdog asked the judiciary for Returning officer, they refused it.
He said that the federal government also refused to provide funds for elections.
Subsequently, the Supreme Court directed the CEC to submit a detailed report about the obstacles the ECP was facing in holding the elections and adjourned the hearing till Friday.
