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The Supreme Court on Tuesday sought a comprehensive report from Election Commission of Pakistan (ECP) on its proposed amendments to ensure honest, just and fair elections as required by the Constitution. A three-judge bench of Chief Justice Iftikhar Muhammad Chaudhry resumed the hearing of identical petitions filed by Workers Party Pakistan and others to implement the apex court's judgement of June 8, 2012 on electoral reforms in letter and spirit.
The court directed Deputy Attorney General for Pakistan Dil Muhammad Ali Zai to submit a comprehensive report on implementation of court's judgement in the instant matter. At the outset of hearing, the bench recalled a set of its judgements relating to Article 218(3) of the Constitution of Pakistan saying the provision empowered ECP to issue orders that, in its opinion, are necessary to ensure fair and honest elections. The court further said that all the judgements of the apex court relating to interpretation of Article 218(3) recognise that the ECP enjoys broad powers not only to take pre-emptive action but also to pass any and all orders necessary to ensure that the standards of 'honesty, justness and fairness' mentioned in the Article are adhered to. The bench added that Article 218(3) also empowers the ECP to ensure that the election process does not suffer from any corrupt and/or illegal practices. Sections 78, 79, 80, 80-A, 81 and 83 of Representation of People Act comprehensively define the terms "corrupt practices" and "illegal practices".
The Chief Justice said in a short order, "the Executive Authorities in terms of Article 190 of the Constitution should have no hesitation to implement the Judgement and also to enforce the Constitution in letter and spirit in the present matter." The hearing of case was adjourned till March 13 (today).

Copyright Business Recorder, 2013

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