ISLAMABAD: The Supreme Court (SC) on Tuesday referred the Election Commission of Pakistan’s (ECP) decision to ban development schemes and new recruitment in government departments to the Islamabad High Court (IHC).
The top court urged the IHC to form a division bench, headed by Justice Amir Farooq, and decide on the matter in a week’s time. A plea by the Punjab government’s against the ECP notification will also be transferred to the IHC. All provinces can contest against the decision in the high court.
The case will be heard on a daily basis, however, the ban remains in effect till the IHC orders otherwise. The three-judge bench headed by the Chief Justice of Pakistan (CJP) Mian Saqib Nisar passed this order while resuming the hearing of the suo motu case regarding the ECP notification.
The CJP also advised the ECP to form new laws and clarify the type of recruitment banned. The ECP should also define its power, he said, adding that the high court is to take immediate decision on provincial governments’ application.
“If the top court gives a direct verdict then it will be the final one,” the top judge remarked. “If high court takes final decision then we will have that as the decision,” he added. According to article 218, transparent election is the responsibility of election commission, Justice Nisar added.
The secretary of ECP told the court that the commission banned recruitment to curb pre-poll corruption. “Also imposed ban on allocation of amount for developmental work in constituency,” he added.
The ECP had, on April 11, barred recruitment to public institutions and halted development plans approved on April 1, 2018 or later and transfer of funds for ongoing projects ahead of the elections.
However, provincial governments showed concern over the ECP notification and decided to challenge it in the high courts. The Punjab government had already approached the Lahore High Court (LHC) in this regard. On Monday, provincial law officers also informed the SC that the provinces would challenge the ECP notification.
The CJP had asked ECP Secretary Babar Yaqoob whether it had any specific powers to impose a ban on development schemes and recruitment. “There is this issue regarding appointment of heads of some institutions. Will such notification affect their appointments?” he had asked.
The secretary replied that the April 11 notification was issued in the light of a Supreme Court 2013 verdict in the Workers Party case. In the said judgment, he added, the SC had directed the ECP to conduct polls and make arrangements necessary to ensure that polls are conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded-against in terms of Article 218(3) of the Constitution.
Won’t take salary until PWD staff is paid
Chief Justice of Pakistan Saiqb Nisar Tuesday announced not to take his salary till the salaries of the Public Works Department (PWD) employees are released.
“I will not take my salary till the employees get their salaries,” he remarked while hearing the case on non-payment of salaries of PWD employees.
He then referred to the additional registrar and said that this is his order. “Don’t deposit income cheque in my account.”
Chief Justice Nisar remarked that he will ensure that the salaries of all employees are released. “Only then will I ask my staff to deposit the cheque in my account,” he added.
Separately, CJP Nisar on Tuesday took suo motu notice of an appeal filed by visually-impaired advocate Yousuf Saleem, advising the Lahore High Court (LHC) to reconsider him for the post of civil judge.
The advocate filed a petition challenging the high court selection committee’s decision to turn him down for the post of a civil judge despite successfully clearing competitive examination. Taking notice of the appeal, Justice Nisar directed the selection committee to conduct a fresh interview of the candidate.
The 25-year-old topped his law examination and received a gold medal from the University of Punjab.
SC orders session judges to inspect jails
The Supreme Court on Tuesday ordered sessions judges across the country to conduct inspections of district jails and submit a signed report in two weeks.
Hearing a case related to the condition of jails for women, a three-member bench headed by Chief Justice Saqib Nisar directed sessions judges to work on a war-footing and submit the reports to the federal ombudsperson.
During the hearing, the chief justice inquired as to the conditions of women’s jails, asking if there are proper toilets and sleeping facilities there.
The court also sought a reply from the federal ombudsperson on the report submitted by the Punjab government on jail conditions.
Chief Justice Nisar remarked during the hearing that they will give directions to the inspector generals of jails across the country, adding that they are yet to receive a satisfactory reply on the matter.
Regarding the long-pending Islamabad jail which is yet to be completed, the court was informed by a representative of the city that the project’s PC-1 was made in 2016.
The chief justice remarked that the boundary wall of the site had shattered and people have taken away the bricks.
He observed that the Adiala Jail is 22 kilometres away from the capital and bringing prisoners from there to Islamabad for hearings is an arduous task.
“If the court has to do everything then what is the purpose of the government,” the chief justice remarked.
SC issues notices to Musharraf, Zardari, in plea against NRO
The Supreme Court on Tuesday issued notices to former president General (r) Pervez Musharraf, former president Asif Ali Zardari, former attorney-general Justice (r) Malik Qayyum and the National Accountability Bureau.
The orders were given by a three-member bench headed by Chief Justice of Pakistan Justice Saqib Nisar while hearing a petition by Feroze Shah Gilani regarding the National Reconciliation Ordinance (NRO).
The NRO, passed by Musharraf in 2007, had granted amnesty to politicians and other individuals by quashing various corruption and criminal cases against them.
The petitioner pleaded before the bench that the NRO had caused a loss of billions of rupees and that those who made the law must return the amount incurred in losses.
During the hearing, the chief justice inquired from the petitioner as to the purpose of the petition, observing that the Supreme Court had declared the NRO null and void.
However, the court issued notices to the respondents seeking their replies and adjourned the hearing for a month.
Published in Daily Times, April 25th 2018.