Editorial
The Election Commission of Pakistan’s (ECP) review petition against the Peshawar High Court’s (PHC) decision to restore PTI’s “bat” symbol presents a complex situation with arguments on both sides raising concerns about fairness, jurisdiction, and potential bias. The ECP argues that the PHC’s order infringes on its national jurisdiction as the allocation of election symbols falls under the commission’s purview across the entire country, not just Peshawar.
The ECP claims the PHC’s verdict contradicts established legal precedents set by the Supreme Court regarding the commission’s authority to make factual determinations in such matters.
The ECP emphasizes the urgency of resolving the issue due to its impact on the upcoming February 8th general elections and the potential disenfranchisement of voters. PTI and its counsel view the ECP’s petition as a stalling tactic and question the commission’s commitment to free and fair elections. They point to the ECP’s previous actions against PTI, including the controversial intra-party polls decision, as evidence of bias.
PTI raises concerns about potential pressure on the Chief Justice within the court, hinting at a possible attempt to influence the outcome of the review petition.
PML-N’s accusations against the PHC judge’s impartiality cast doubt on the neutrality of the court and could further erode public trust in the judicial system. Overall, the situation presents a delicate balance between the ECP’s legal authority and concerns about fairness and potential bias. The PHC’s decision to restore the PTI symbol was based on the urgency of protecting voters’ rights and ensuring a level playing field in the elections. However, the ECP’s arguments regarding its national jurisdiction and adherence to legal precedents cannot be dismissed entirely.
The onus lies on the SC to carefully consider all arguments and deliver a verdict that upholds both the rule of law and the principles of fairness and transparency in the upcoming elections. The court’s decision will have far-reaching implications for the credibility of the electoral process and the political landscape of Pakistan.
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