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ISLAMABAD: Chief Election Commissioner (CEC) Sikander Sultan Raja on Thursday knowledgeable the Supreme Courtroom that efforts had been being made to curtail the powers of the Election Fee of Pakistan (ECP).
The ECP chief made the assertion when he appeared earlier than the Supreme Courtroom in a case associated to the switch of former Lahore capital metropolis police officer (CCPO) Ghulam Mehmood Dogar.
He was summoned by the apex court docket to elucidate the explanations behind the Dogar’s elimination.
Throughout at this time’s listening to, Justice Ijaz Ul Ahsan requested why the CCPO was eliminated regardless of orders of the Supreme Courtroom and what was the hurry in issuing the switch orders.
The lawyer for the Punjab authorities knowledgeable the bench that Dogar was transferred on the orders of the Election Fee of Pakistan (ECP).
At this, Justice Ahsan requested what position the ECP has within the switch of officers. Whereas Justice Mazahar Ali Akbar Naqvi remarked that the ECP’s position comes into impact after the elections have been introduced.
Extra advocate normal advised the court docket that that they had taken approval from the ECP over Dogar’s elimination as a caretaker setup had been positioned.
“As per the Structure, elections need to be held inside 90 days after a caretaker setup takes over,” stated the lawyer.
At this, Justice Ahsan requested the place the ECP was, whereas Justice Naqvi remarked that half of the officers posted in Punjab had been transferred.
“Is there any district of Punjab the place there has not been a switch,” requested Justice Naqvi.
In the meantime, Justice Ahsan questioned whether or not the ECP was conscious of the Supreme Courtroom’s orders on Dogar’s posting.
“Election Fee is doing all the pieces aside from its job,” remarked Justice Ahsan.
The bench after issuing the summons adjourned the listening to for an hour.
As soon as the listening to resumed, CEC Raja appeared earlier than the bench.
Justice Ahsan advised the ECP chief that the structure clearly mandates that elections are to be held inside 90 days. He added that holding polls is the ECP’s job and if they aren’t held throughout the stipulated time then it will be a violation of the Structure.
“There isn’t any confusion within the Structure on elections being held inside 90 days,” stated Justice Ahsan. He additionally added that within the Structure it was clear that the interim authorities is just not empowered to take away officers.
The choose additionally remarked, if a switch is required then the caretaker authorities wants to offer concrete causes. He added that the ECP should study these causes after which difficulty an applicable order.
“Election Fee doesn’t need to observe the orders of the province,” stated Justice Ahsan.
At this, the ECP chief advised the bench that if the court docket needs they’ll restore Dogar because the CCPO.
The CEC stated that the ECP didn’t enable appointments and transfers in all the province underneath a single coverage. He added that it was essential to switch some commissioners, deputy commissioners, regional cops and others to “guarantee free and truthful elections”.
“If the court docket provides an order then we is not going to enable the transfers,” stated Raja.
On this, Justice Ahsan remarked that the court docket is not going to difficulty any such orders, including that they had been sure to observe the Structure.
CEC briefs SC on election hurdles
The problem of delay in Punjab and Khyber Pakhtunkhwa additionally got here underneath dialogue in the course of the listening to when the court docket reminded the ECP chief about his obligation to carry polls inside 90 days.
At this, Sikandar Sultan Raja briefed the court docket about hurdles confronted by the fee from completely different establishments.
“Efforts are being made to curtail the powers of the ECP,” stated Raja. He added that the military has refused to offer safety throughout polls when requested, and the judiciary has denied offering employees whereas the federal government is just not giving funds.
“ECP’s authority is being curtailed. How can free and truthful elections be held?” requested the CEC.
At this, Justice Ahsan requested whether or not the electoral physique had contacted the federal government.
The CEC replied that that they had knowledgeable the federal government about all the problems confronted by the fee.
The court docket then summoned the document of all of the transfers, together with Dogar’s, okayed by the ECP in Punjab. It additionally requested the CEC to look once more tomorrow (Friday).
On his summoning, the legal professional normal requested the bench if it was not mandatory then the CEC can skip tomorrow’s listening to.
“If the court docket permits, the secretary or a senior officer can seem in my place,” requested the election commissioner.
“You might be head of the establishment, seem in particular person, we are going to hear from you,” remarked Justice Ahsan and directed him to offer all particulars tomorrow.
The bench additionally directed him to tell the court docket about obstacles in the way in which of the election.
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