By The Islamabad High Court (IHC) has issued a comprehensive ruling regarding petitions that challenged the Election Commission of Pakistan’s (ECP) decision to change the Election Tribunal in Islamabad, as reported by ARY News on Thursday.
Chief Justice Amir Farooq delivered a detailed 44-page judgment that annulled the ECP’s decision made on June 10, which had prompted legal challenges from leaders of the Pakistan Tehreek-e-Insaf (PTI) party. The court accepted these petitions and ordered the ECP to reconsider the applications submitted by Anjum Aqeel, Tariq Fazal Chaudhry, and Raja Khurram.
In its ruling, the IHC highlighted several critical issues regarding the ECP’s handling of the matter. It criticized the Commission for acting in haste and not gathering an affidavit related to allegations of bias, which is essential for ensuring impartiality in judicial processes. The court pointed out that the petitioners were not afforded an adequate opportunity to present their arguments, a situation that contravenes Article 10A of the Constitution. This article guarantees every citizen the right to a fair trial, emphasizing the need for all parties to be heard in a legal proceeding.
The judgment underlined that the lack of proper hearing rendered the ECP’s decision legally unsound. The court emphasized the importance of due process, asserting that any request for a change in the tribunal should initially be presented to the judge in question. This judge then has the responsibility to determine whether they should recuse themselves from the case to maintain fairness and impartiality.
Furthermore, the court clarified that merely rejecting an application does not suffice to demonstrate prejudice against any party involved in the proceedings. This nuanced understanding of legal protocol reinforces the court’s commitment to ensuring fair and just processes within the electoral system.
In conclusion, the Islamabad High Court’s ruling not only annuls the ECP’s earlier decision but also serves as a significant reminder of the constitutional obligations surrounding fair trials and the proper conduct of electoral processes in Pakistan. The court’s directive for the ECP to reassess the pending applications reflects a commitment to uphold the principles of justice and equity in electoral matters.
