News Desk
ISLAMABAD: The Supreme Court of Pakistan (SC) on Thursday directed the Chief Election Commissioner (CEC) Sikander Sultan Raja to submit a report on obstacles in holding Punjab by-elections after he lamented before the court that efforts were underway to curtail the powers of the Election Commission of Pakistan (ECP).
The ECP Chief made the statement when he appeared before the apex court in a case related to the transfer of former Lahore capital city police officer (CCPO) Ghulam Mehmood Dogar.
CEC Raja was summoned by the Supreme Court to explain the reasons behind Dogar’s removal.
SC had reinstated Dogar as Lahore CCPO
Dogar, as the Lahore CCPO, was caught up in a tussle between the federal government and the then Punjab government under Chaudhry Parvez Elahi. The police officer had booked Pakistan Muslim League Nawaz (PML-N) leaders in cases and headed the Wazirabad JIT which was probing the attempted assassination of Pakistan Tehreek-e-Insaf (PTI) chairman, Imran Khan. The federal government tried recalling him, but it was blocked by the Punjab government. The centre ultimately suspended Dogar, but he was reinstated by the Supreme Court.
Today’s hearing
During the hearing, Justice Ijaz Ul Ahsan inquired why the CCPO was removed despite Supreme Court’s orders and what was the hurry in issuing the transfer orders.
The lawyer for the Punjab government informed the bench that police officer was transferred on the orders of ECP.
At this, Justice Ahsan asked what role does ECP have in the transfer of officers. While Justice Mazahar Ali Akbar Naqvi observed the commission’s role comes into effect after the announcement of polls.
Additional advocate general informed the court that they had taken approval from the ECP over Dogar’s removal as a caretaker setup had been placed in the province.
“As per the Constitution, elections have to be held within 90 days after a caretaker setup takes over,” said the lawyer.
At this, Justice Naqvi remarked that half of Punjab had been transferred.
“Is there any district of Punjab where there a transfer has not been made,” asked Justice Naqvi.
Meanwhile, Justice Ahsan wondered whether the ECP was aware of the Supreme Court’s orders on Dogar’s posting.
“Election Commission is doing everything apart from its job,” remarked Justice Ahsan.
The court then summoned CEC Raja “immediately”, pausing the hearing for an hour. About an hour later, the ECP chief appeared in court and the hearing resumed.
Justice Ahsan told CEC that the constitution clearly mandates that elections are to be held within 90 days. He said that holding elections was the ECP’s job and if they are not held within the stipulated time of 90 days then it would be a violation of the Constitution.
He added that it was clearly mentioned in the Constitution that the interim government was not authorized to remove officers.
The judge also said that if a transfer is required then the caretaker government needs to provide concrete reasons, adding that the ECP must first examine those reasons and then issue an appropriate order.
“Election Commission does not need to follow the orders of the province,” said Justice Ahsan.
At this, CEC told the bench that if the court wants, they can restore Dogar as the CCPO.
The CEC said that the ECP did not allow appointments and transfers in the entire province under a single policy. He added that it was important to transfer some commissioners, deputy commissioners, regional police officers and others to “ensure free and fair elections”.
“If the court gives an order then we will not allow the transfers,” said Raja.
On this, Justice Ahsan said that the court would not issue any such orders, adding that they were bound to follow the Constitution.
Meanwhile, CEC lamented that he was being prevented from exercising his powers and constitutional requirements.
He said, “When I asked the army for security [for the elections], I was refused. When I asked the judiciary for permission, they refused it. I asked for money for the elections, I was refused that as well.”
Upon hearing this, the Court directed the ECP chief to submit a detailed report about the obstacles being faced by the electoral body in holding the elections and adjourned the hearing till Friday (tomorrow).
