Islamabad: Chief Election Commissioner (CEC) Sikander Sultan Raja informed the Supreme Court on Thursday that efforts were underway to restrict the Election Commission of Pakistan’s authority (ECP).
During his appearance before the Supreme Court in a case concerning the transfer of former Lahore capital city police officer (CCPO) Ghulam Mehmood Dogar, the head of the ECP made the statement in question.
He was required to provide an explanation to the supreme court regarding the circumstances surrounding the Dogar’s removal.
During the hearing that took place today, Justice Ijaz Ul Ahsan inquired as to why the CCPO was removed despite orders from the Supreme Court as well as what the rush was in issuing transfer orders.
Dogar was moved due to instructions from Pakistan’s Election Commission, according to the information provided by the lawyer representing the Punjab government to the bench (ECP).
At this point, Justice Ahsan inquired about the ECP’s role in the process of transferring officers. While Justice Mazahar Ali Akbar Naqvi stated that the ECP’s role does not become active until after the elections have been announced, the ECP is responsible for ensuring that elections are held fairly.
An additional advocate general informed the court that they had obtained the ECP’s authorization regarding the removal of Dogar and that a caretaker setup had been put into place.
The attorney stated that in accordance with the Constitution, elections are required to take place within ninety days of a caretaker government taking power.
At this point, Justice Ahsan inquired as to the whereabouts of the ECP, while Justice Naqvi remarked that approximately fifty percent of the officers who were stationed in Punjab had been transferred.
Justice Naqvi posed the question, “Is there any district in Punjab where there has not been a transfer?” to the bench.
During this time, Justice Ahsan questioned whether or not the ECP was aware of the orders issued by the Supreme Court regarding Dogar’s posting.
Justice Ahsan made the observation that the Election Commission was diverting its attention away from its responsibilities.
Following the issuance of the summons, the bench decided to postpone the hearing for one hour.
As soon as the hearing was restarted, CEC Raja presented himself in front of the bench.
Justice Ahsan conveyed to the head of the ECP that the constitution unequivocally mandates that elections must be held within ninety days of the constitution’s enactment. He went on to say that it is the responsibility of the ECP to hold elections, and that failing to do so within the allotted amount of time would constitute a violation of the Constitution.
Justice Ahsan stated that the Constitution does not contain any ambiguity regarding the timing of elections that must be held within ninety days. In addition to this, he stated that the Constitution makes it abundantly clear that the interim government does not have the authority to dismiss officers.
In addition, the judge made the observation that, in the event that a transfer is essential, the caretaker government is obligated to present convincing arguments. He went on to say that the ECP was required to investigate those reasons and then issue an order that was suitable.
According to Justice Ahsan, the Election Commission is not required to comply with the directives issued by the province.
At this point, the head of the ECP told the bench that Dogar can be reinstated to his position as CCPO if the court so desires.
According to the CEC, the ECP does not permit appointments and transfers to be handled under a single policy throughout the entirety of the province. He went on to say that it was essential to reassign a number of commissioners, deputy commissioners, regional police officers, and other officials in order to “ensure free and fair elections.”
Raja was quoted as saying, “If the court gives an order, then we will not allow the transfers.”
In response to this, Justice Ahsan stated that the court will not issue any orders of this kind, adding that they are required to adhere to the Constitution at all times.
