Non-implementation of verdict on electoral reforms: Supreme Court issues notices to federal government, ECP
The Supreme Court on Tuesday issued notices to federal government and Election Commission of Pakistan, seeking comprehensive reply to ascertain progress in implementing the apex court's verdict regarding a set of directions for electoral reforms especially making voting mandatory in the country.
A two-judge bench comprising Justice Mian Saqib Nisar and Justice Ejaz Afzal Khan resumed the hearing of petitions filed by Pakistan Tahreek-e-Insaf (PTI) and Workers Party regarding non-implementation of June 8, 2012 judgement of the Supreme Court. During the course of proceedings, counsel for the Worker Party Bilal Manto contended that during 2012 the Supreme Court accepted his plea and directed the ECP for electoral reforms, adding that the ECP failed to implement the landmark judgement of the apex court so far. It is pertinent to mention that former Chief Justice Iftikhar Muhammad Chaudhry had issued directions to the ECP in response to Manto's plea to take steps for general election 2013 with making voting compulsory in Pakistan as early as possible, and monitoring of election expenses. The Supreme Court also ruled that a candidate must give details of all the expenses immediately after the election is over.
Manto further pleaded that the ECP in its reply had not responded to the proposals of the apex court to which Justice Mian Saqib Nisar observed that mandatory voting in the country is subject to legislation. He also questioned whether May 2013 general election be declared null and void if the ECP failed to implement the apex court judgement?
Representing the ECP, Munir Paracha submitted that the apex court has nothing to do with issuing directives for legislation to which Justice Mian Saqib Nisar remarked that in 18th Amendment and Army Welfare case the Supreme Court had given directions for legislation.
Justice Mian Nisar said that transparent election in the country is a must for democracy terming it mandatory for independence of institutions, adding that the court shall examine two aspects in the matter in hand; as to why the apex court verdict was not implemented and if violation of the apex court verdict is proved then the bench may initiate contempt proceedings against the responsible for violation of the court directives.
PTI counsel Hamid Khan stated that he had submitted an application regarding contempt aspect in the current matter. During last year the PTI had filed an application regarding how the court's directions in the Workers Party case had been flouted by the ECP, saying the PTI had also sought verification of thumb impression in NA-110, NA-122, NA-125 and NA-154.
He further said that the court has yet to decide in response to government request to constitute a three-member commission to probe PTI chief Imran Khan's allegation of rigging in the 2013 general elections. Hearing of the matter was adjourned till second week of January 2015.
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