Pakistan Court Deals Blow to Imran Khans Party, Questions Legality of Symbol Restoration

Pakistans Chief Justice Qazi Faez Isa ruled that the Peshawar High Courts order to restore Pakistan Tehreek-e-Insafs iconic cricket bat symbol was flawed, raising questions about the legality of the partys intra-party polls.

In a significant development, Pakistan's Chief Justice Qazi Faez Isa has raised concerns about the Peshawar High Court's (PHC) order to restore the Pakistan Tehreek-e-Insaf's (PTI) iconic cricket 'bat' symbol. The Supreme Court is examining the legality of the PHC's verdict, which overturned the Election Commission of Pakistan's (ECP) decision to declare PTI's intra-party polls "unconstitutional" and revoke its electoral symbol.

Chief Justice Raises Doubts about Intra-Party Polls

During the hearing on Friday, Chief Justice Isa questioned whether the Peshawar High Court had thoroughly assessed whether PTI's internal elections were conducted in accordance with the law. He emphasized that the court's decision to reinstate the 'bat' symbol should be preceded by a review of the party's intra-party elections.

Peshawar High Court's Decision Deemed Flawed

Justice Isa, heading a three-member bench, expressed reservations about the Peshawar High Court's decision. He stated that the high court did not explicitly declare PTI's intra-party polls as compliant with the law but merely ordered the restoration of the party's election symbol. Justice Isa characterized the PHC's decision as "flawed and prima facie."

ECP Challenges PHC's Jurisdiction

The Election Commission of Pakistan had initially barred PTI from using the 'bat' symbol in the upcoming February 8 elections due to irregularities in their internal polls. The party challenged this decision in the Peshawar High Court, which initially granted temporary relief by reinstating the symbol and referring the case to a larger bench. However, the PHC later reversed its decision and upheld the ECP's order.

Supreme Court Steps In

PTI appealed the PHC's decision to the Supreme Court but later withdrew its appeal, hoping for a favorable outcome from the high court. However, the PHC declared the ECP's order "illegal, without any lawful authority, and of no legal effect." Dissatisfied with this ruling, the commission challenged the decision in the Supreme Court, seeking its revocation.

CJP Emphasizes Democracy and Constitutional Rights

During the hearing, Chief Justice Isa highlighted the distinction between the functions of constitutional and statutory bodies. He affirmed that the Supreme Court would not interfere with the Election Commission's duties but emphasized its role as a constitutional body. Justice Isa also stressed the fundamental right of citizens to vote for a political party of their choice and the importance of democracy within political parties.

Time-Sensitive Matter

Recognizing the urgency of the matter, Chief Justice Isa acknowledged that the upcoming general elections in Pakistan require immediate attention. He directed the Supreme Court Registrar to inquire about the detailed order from the Peshawar High Court. The hearing was subsequently adjourned until Saturday.

The Supreme Court's examination of the Peshawar High Court's decision has significant implications for Pakistan Tehreek-e-Insaf and the upcoming general elections. The outcome of this case will determine whether PTI can retain its iconic 'bat' symbol and whether the Election Commission's authority over party elections will be upheld.