ISLAMABAD – The Islamabad High Court (IHC) Monday suspended the Election Commission of Pakistan’s notification to transfer a matter pending before the Election Tribunal and reinstated Justice Tariq Mahmood Jahangiri as the judge of the Tribunal of Islamabad.
A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq conducted hearing of the petition moved by PTI leader Shoaib Shaheen through his counsels Barrister Sajeel Sherhyar Swati and Umair Baloch and also issued show-cause to MNA Anjum Aqeel belonging to PML-N for contempt of court proceedings against him for using derogatory language against Justice Jahangiri.
Through the instant petition, the petitioner challenged vires of section 151 of the Elections Act, 2017 along with Ordinance No.5 of 2024 and order dated 04.06.2024 passed by Election Commission of Pakistan. During the hearing, the IHC Chief Justice asked from the Additional Attorney General that how he would defend the ordinance. The AAG replied that after the Election (Amendment) Ordinance, the Bill came to the Parliament.
Justice Amer remarked that you should abolish the ordinance, it will be seen when the bill is passed. He asked what was hurry that the President issued the ordinance overnight, this method is wrong, either abolish the Parliament. He also remarked that there was an ordinance factory in Wah and another ordinance factory was established by you. He asked the Additional Attorney General to clarify any perceived ‘bias’ of the judge while stressing the seriousness of debating the impartiality of a High Court judge.
Addressing Anjum Aqeel Khan, Justice Aamer said that you have also submitted an affidavit which includes allegations of nepotism, now explain it. In response, MNA Anjum Aqeel Khan apologized and said that he respects all the judges and admits his mistake. The bench asked that whether the judge had shown partiality or acted unfairly in this case, on the other hand, noting that the Election Commission had acted on Aqeel’’s plea.
The IHC Chief Justice questioned Aqeel’s understanding of “bias”, to which Aqeel replied that it was a legal language. Justice Aamer corrected him saying that it was simple English. He asked that did you want to change him [judge] because he was not giving you undue favours? Anjum replied that he did not ask for any favours.
The bench asked that why did you accuse the judge [of bias]? Why did you ask the lawyer to submit an application [to ECP]? Justice Aamer stressed upon Aqeel’s responsibilities as a parliamentarian including legislation and economic management, and insisted on a clear answer, warning Aqeel that failure to do so could result in him being barred from attending Parliament sessions. Aqeel admitted the mistake in the choice of words. The judge remarked that you are a parliamentarian, you will make laws, you have to run the entire economy, you will go there in the House. He added that you must answer otherwise will not be able to go to the parliament session. The judge said that he was asking from you for the last time, tell him otherwise you will harm yourself.
At this, Anjum Aqeel Khan just said there was a mistake in the choice of words. Later the bench deferred the hearing of the case till July 9. In his petition, the petitioner Shoaib prayed to the court to declare that Section 151 of the Elections Act is ultra vires to the Constitution and the assumption of Jurisdiction by the respondent no.02 (ECP) is unlawful, illegal, arbitrary, patently and manifestly, unconstitutional and therefore is a nullity in the eyes of law and the whole proceedings be declared as void ab initio and set aside. He also requested the court to declare Ordinance V of 2024, namely, the Elections (Amendment) Ordinance, 2024 may be declared ultra vires. He added that the ECP may be restrained from hearing application for the transfer of Tribunal filed by the respondent No.03.
