Daily Times

The Islamabad High Court (IHC) has nullified the ECP decision to replace Justice Tariq Mehmood Jahangiri, the head of the election tribunal.

Chief Justice Aamer Farooq, presiding over the case, declared that the ECP’s move to appoint a retired judge to the tribunal was invalid. The court has directed the ECP to revisit its decision and reconsider the tribunal’s composition. The dispute began when PTI candidates Shoaib Shaheen, Aamir Mughal, and Ali Bukhari challenged the ECP’s order.

They argued that the tribunal’s replacement undermined the impartiality of the proceedings. The ECP had previously accepted petitions from Pakistan Muslim League-Nawaz (PML-N) lawmakers to transfer the election tribunal, citing concerns of bias. During the court session, Chief Justice Aamer Farooq emphasised that the issue of tribunal replacement is distinct from the broader legislative contradictions highlighted in the case.

He noted that the court’s written decision would be issued shortly. The IHC’s decision reinstates Justice Jahangiri, reversing the ECP’s earlier move and mandating that the commission address the tribunal’s configuration once again. The court adjourned further proceedings to allow the ECP time to comply with the new directive.

In a related development, an Islamabad election tribunal ordered the returning officer to submit records concerning Form 45 uploads amid allegations of rigging in the NA-47 elections. The tribunal, led by Justice Jahangiri, is continuing to examine these allegations. This ruling marks a significant intervention by the judiciary in the electoral process, reflecting ongoing tensions between the ECP and various political factions over the administration of elections. The court’s Chief Justice, Aamer Farooq, expressed discontent with the ECP’s actions, questioning the legality and necessity of the changes made to the tribunal. The controversy began when PTI-backed candidates Muhammad Ali Bokhari, Shoaib Shaheen, and Aamir Mughal challenged the results of the general elections held earlier this year, alleging rigging in Islamabad constituencies. They argued that the tribunal, led by Justice Tariq Mahmood Jahangiri, was biased and sought its replacement.

In response, the ECP had replaced Justice Jahangiri with a retired judge, a move contested by PTI leaders and questioned for its procedural correctness. The IHC has now directed the ECP to reconsider its decision, emphasising that the issues regarding the tribunal’s impartiality and the election amendment ordinance are separate matters.

Further complicating the situation, the IHC issued a contempt notice to PML-N MNA Anjum Aqeel Khan for his role in the tribunal change.

The court also ordered that PML-N MNA Dr Tariq Fazal Chaudhry appear personally and directed the ECP to provide better legal representation in future hearings.

The case has been adjourned, with the tribunal demanding transparency in the handling of election records.

Separately, the IHC has issued a written order regarding the bail plea of PTI founder Imran Khan and his wife, Bushra Bibi, in the Toshakhana II case, stating that bail decisions must be made within five days as per the National Judicial Policy. Justice Mian Gul Hassan Aurangzeb released a three-page decision, citing the National Judicial Policy, which mandates that magistrates decide bail applications within three days and session courts within five days. The High Court itself must reach a decision within seven days. The ruling clarified that the timeframe set for session courts also applies to special courts, meaning the Special Judge Central has the authority to decide bail under the policy.