In Islamabad, Chief Justice of Pakistan Qazi Faiz Isa emphasized the need for democracy within political parties during a hearing on the Election Commission’s appeal against the Peshawar High Court’s decision. The three-member Supreme Court bench, led by Chief Justice Qazi Faiz Isa, including Justice Muhammad Ali Mazhar and Justice Musrat Hilali, addressed PTI’s lawyer Ali Zafar’s argument that the Election Commission lacks the authority to review and nullify intra-party elections.
Ali Zafar contended that the Election Commission, according to the Constitution and law, does not have the power to scrutinize intra-party elections or deny symbols based on alleged irregularities. He stressed that every political party has the right to contest with a symbol, and depriving them of this right violates fundamental rights. Zafar argued that the Election Commission is not a court of law and cannot provide a transparent trial under Article 10A.
The Chief Justice remarked on the importance of democracy within political parties, highlighting the central question of whether all members had the opportunity to participate in intra-party elections. He noted objections that some members were denied participation, with Akbar S. Babar asserting his membership.
In response to Zafar’s claim of malice on the part of the Election Commission, the Chief Justice emphasized the need for proof and mentioned that the Election Commission initiated the process during PTI’s time in government, underscoring its independence.
Justice Muhammad Ali Mazhar pointed out the importance of a level playing field within PTI, and Zafar brought up historical instances where other parties faced similar situations.
The Chief Justice highlighted the current absence of PTI’s opponents in the government and urged Zafar to avoid making baseless claims. He emphasized that presenting a piece of paper declaring the election’s conclusion is insufficient, and the allegation is that the intra-party election is merely symbolic. The Chief Justice referenced the imprisonment of PTI’s founding chairman and stressed the importance of members having the right to vote, in accordance with parliamentary law advocating for democracy within political parties.