Chief Justice of Pakistan Qazi Faez Isa has sought a response from the Supreme Court registrar over the Supreme Court’s September 14 “order” in response to the Election Commission of Pakistan’s petition.
The petition by the country’s top electoral authority sought clarification on the apex court’s July 12 order that awarded Imran Khan’s party more parliamentary seats.
The eight-member SC bench disposed of the ECP’s petition, stating that the request for clarification “is merely a delaying tactic.”
The apex court noted that the electoral authority’s failure to perform the SC order might have consequences.
It was issued at a time when the ruling coalition played the numbers game as the crucial vote for the constitutional amendment got closer. The bill, described as the “constitutional package”, if approved, would have increased the retirement age by three years among many other changes.
On September 17, the deputy registrar submitted a note to the registrar of the SC concerning the “clarification issued by eight judges” related to a miscellaneous request from the Election Commission of Pakistan. The letter was written on September 14.
The deputy registrar noted that there have been media reports suggesting that the SC has issued a clarification regarding its decision made on July 12. But it was highlighted that “no notices have been issued to the relevant parties by the Registrar’s Office, nor have any notices been sent in response to the Election Commission of Pakistan’s request for clarification.”
The note further stated that the clarification on the ECP’s miscellaneous request was published on the SC’s website. It also indicated that this clarification had not been received by the Registrar’s Office until 8pm.
In a letter to the SC registrar, CJP Isa said that the following initial questions have arisen after the order:
When were the said applications filed?
Why were the said applications not Committee constituted under the (Practice and Procedure) Act, 2023?
How were the said applications fixed for hearing and how was this done without issuance of cause list disclosing their fixation?
Did the office issue notices to the parties and to the Attorney-General for Pakistan?
In which courtroom/chamber were the applications heard, and by whom?
Why was a cause list not issued for announcement of the said order?
Why was the said order not fixed for announcement?
Without first depositing the original file and the said order in the Supreme Court’s office how was the said order uploaded on the website?
Who directed the uploading of the said order on the Supreme Court’s website?
