Islamabad: The Supreme Court (SC) on Monday decided to withdraw the pakistan Tehreek-e-Insaf (PTI) from the party in the intra-party elections case.
The Supreme Court has set aside the Peshawar High Court's decision to restore the bat symbol to the PTI.
The Supreme Court heard the Election Commission's appeal against the Peshawar High Court's decision for the second day, which continued after 7 pm, after which the decision was reserved, which has now been heard. A three-member bench headed by Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Masrat Hilali heard the case.
Justice Muhammad Ali Mazhar remarked that there are two questions whether there was judicial jurisdiction or not, whether the Election Commission has the power to investigate intra-party elections or not.
During the hearing, the Chief Justice remarked that THE PTI cannot say whether to hold intra-party elections or not, our will, no one can be given priority in the name of level playing field, people in PTI did not come from elections but from selection, the whole body came without competition, no one else was allowed to contest the intra-party elections by PTI, it became clear that Akbar S Babar was the founder member. But then you changed the constitution.
Chief Justice Qazi Faez Isa said that if there were six panels and six of six were elected, then what was the need for the gathering.
Pti's lawyer Ali Zafar said that people in political parties do not oppose his decision due to the respect of the leader, PTI has a leadership like the founder of PTI, whose decision was not objected to by the people.
On this, the Chief Justice said that with apologies, then this is not democracy but dictatorship, they will call it dictatorship, it is understandable not to object to some officials, but it is incomprehensible not to object to anyone, now if 326 people come unopposed in parliament in the Elections of February 8, will that election be held? Wisdom is also something.
Justice Muhammad Ali Mazhar remarked that you ask for a level playing field, your members will also have to give a level playing field.
PTI's lawyer Ali Zafar said that they are also ready to give any election symbol, candidates will contest the elections as independents without the party's election symbol, if each candidate has a separate symbol, then there will be a problem.
Pti's lawyer Hamid Khan said that the aim of the Election Commission is the symbol of the PTI's bat, taking the symbol of the bat is to deprive the voters who want to vote for the PTI, the Election Commission has double standards with the PTI, today's Election Commission's decision is a clear example of discrimination.
The Chief Justice said that your argument is very dramatic, but did you give this argument in the High Court? The Chief Justice told Hamid Khan that if only the Election Commission had come, we would have left, now Akbar S Babar is standing in front, then what should we do, what will you do if you are expelled illegally.
During the hearing, Ali Zafar said that there is no letter of expulsion of Akbar S Babar from the party, there are no nomination papers for intra-party elections, there is no letter of nomination of founder PTI.
The Chief Justice of Pakistan said, "Leave everything, tell me whether the election has been held or not?" Did all party members get equal opportunity or not? By showing a piece of paper to the Election Commission, it cannot be said that the elections should be held, the PTI is not showing any paper of the nomination papers fee, if the PTI lawyers do not answer the questions, then the decision of the Peshawar High Court will have to be suspended.
During the hearing, the Chief Justice remarked that apparently the interference of the army is not visible today, the role of the establishment in the past has been very clear and harsh, if the PTI only wants to make allegations and political drama, then the institutions will be less powerful. When you allege malice, tell me where is the malice? The court cannot control constitutional institutions, it is not enough to accuse the Election Commission on the media alone, the malice of the Election Commission has to be proved.
The Chief Justice also remarked that nowadays everyone uses the word establishment, the real name is the army, we should talk openly and completely.
