The National Judicial Policy Making Committee (NJPMC), headed by Chief Justice of the Supreme Court, delayed a decision on the request of the Election Commission of Pakistan (ECP) regarding the appointment of judicial officers in the upcoming general elections.
The Committee held a meeting at the Lahore Registry of the Supreme Court on Saturday to consider the ECP's application regarding the appointment of judicial officers for the general elections. The meeting sought details from the ECP about measures taken for holding the upcoming general elections in a fair and transparent manner.
The chief justice pointed out that at the time of the formation of the National Judicial Policy, it was considered appropriate to keep the judiciary away from the election process. Considering the ECP request, the committee resolved that since the judiciary had taken great strides to strengthen its independence, therefore, the ECP "may be asked to explain how, under existing Section 7(5) of Representation of People's Act of 1976, a judicial officer being returning officer, can conduct election independently and effectively?"
The role of District Returning Officer, Returning Officer etc in the selection of Presiding Officers and making appropriate changes in the polling stations to ensure free and fair election "needs also to be explained", the committee members said. The Election Commission may also provide the details of facilities financial and administrative to be made available to the District Returning Officer, Returning Officer etc during the election process, the committee further observed.
Besides, providing details of arrangement made for logistic to Returning Officers and other staff engaged in the election process, the Election Commission may also explain measures taken for deweaponization of constituencies and security arrangements to hold the election in free and fair atmosphere, it further observed. During discussion, the Committee observed that the Supreme Court of Pakistan in its judgement in case titled Workers Party Pakistan vs. Federation of Pakistan issued declaration and directions to the Election Commission of Pakistan to make such arrangements as are necessary to ensure that the election is conducted honestly, justly and fairly.
Therefore, before taking any decision on the request, the Election Commission should brief about the implementation status of the judgement and directions issued therein, the committee stressed. The Committee also observed that the Supreme Court in case titled Watan Party vs. Federation of Pakistan had observed that delimitation of different constituency have also to be taken with the same object and purpose particularly to make Karachi which is the hub of economic and commercial activities and issued directions to the Election Commission of Pakistan to initiate process on its own in this behalf.
The Committee resolved that the Election Commission of Pakistan may be asked to take measures in this regard. The Committee also inquired from the Election Commission about the measures taken for capacity building and training of the Returning Officer, District Returning Officer, Presiding Officer, Polling Staff etc. The Committee also asked the Election Commission to provide details of measures taken to check possible rigging in the forthcoming elections.