ECP’s notification suspended: IHC reinstates Justice Jahangiri as judge of Tribunal

ISLAMABAD: The Islamabad High Court (IHC), Monday, suspended the Election Commission of Pakistan (ECP)’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 heard the petition moved by the Pakistan Tehreek-e-Insaf (PTI) leader Shoaib Shaheen through his counsels, Barrister Sajeel Sherhyar Swati and Umair Baloch and also issued show-cause to Member National Assembly (MNA) Anjum Aqeel belonging to Pakistan Muslim League-Nawaz (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 No5 of 2024 and the order dated 04.06.2024 passed by the ECP.

During the hearing, the IHC chief justice asked the additional attorney general how he would defend the ordinance. The AAG replied that after the Election (Amendment) Ordinance, the bill came to the Parliament.

Justice Aamer remarked that “you should abolish the ordinance, it will be seen when the bill is passed.” He asked “what was the hurry that the President issued the ordinance overnight, this method is wrong, either abolish the Parliament.”

He also remarked that “there is an Ordnance 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 apologised and said “he respects all the judges and admits his mistake.”

The bench asked 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 legal language. Justice Aamer corrected him saying that it was simple English. He asked 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 “why did you accuse the judge [of bias]? Why did you ask the lawyer to submit an application [to the 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 him for the last time, “Tell me, otherwise, you will harm yourself.”

At that, Aqeel just said there was a mistake in the choice of words. Later, the bench deferred the hearing till July 9.

Copyright Business Recorder, 2024