Pak chief justice says high court's decision to restore PTI's iconic 'bat' symbol 'flawed'

In a blow to jailed former prime minister Imran Khan’s party, Pakistan’s Chief Justice Qazi Faez Isa on Friday ruled that a high court’s order to restore the Pakistan Tehreek-e-Insaf’s iconic cricket ‘bat’ symbol was prima facie, flawed.

Pakistan Election Commission on Thursday moved the apex court against the Peshawar High Court (PHC) verdict that annulled its decision to declare as “unconstitutional” the organisational polls in Khan’s party and revoked the cricket ‘bat’ electoral symbol.

During the hearing on Friday, the chief justice, raising a pertinent question as to whether the high court declared PTI’s intra-party polls in line with the law, asked: “The issue of the bat electoral symbol’s allotment comes later. First, we will have to review the party’s intra-party elections.” “Peshawar High Court did not issue a declaration that PTI’s intra-party polls were in line with the law. It just ordered that PTI should be given its election symbol back. The Peshawar High Court’s decision is flawed and prima facie,” Justice Isa, who headed a three-member bench comprising Justices Muhammad Ali Mazhar and Musarat Hilali, was quoted as saying by Geo News.

The election commission had on December 22 barred the PTI from keeping its ‘bat’ symbol for the upcoming February 8 election, citing irregularities in their internal polls that did not comply with the party's own constitution and election laws.

Following the ECP's decision to revoke their symbol, the PTI challenged it in the PHC where a single-member judge granting temporary relief reinstated the bat symbol and referred the case to a larger bench for a hearing on January 9.

On December 30, the polling body challenged the PHC’s jurisdiction over the matter.

However, in a dramatic turn of events, the PHC reversed its earlier decision and upheld the ECP’s order.

The PTI, however, after taking its fight to the Supreme Court, later withdrew its appeal and hoped for a favourable outcome from the PHC.

The PHC on Wednesday declared the commission’s order “illegal, without any lawful authority and of no legal effect”.

The commission, dissatisfied with the PHC order, challenged the decision in the apex court and sought its revocation.

During the hearing, Justice Isa noted that there was a “very clear line of demarcation” between the functions of a constitutional and a statutory body.

“If they’re (ECP) doing their job, we won’t take over their job [or] how to do it [or] how better to do it,” he said, observing at one point during the hearing that ''the election commission is not just a quasi-judicial body. It is a constitutional body”.

The ECP counsel contended that PTI intra-party elections were kept secret and documents submitted by the party regarding the polls were not consistent with facts.

After hearing the ECP’s counsel arguments, the CJP observed: “It means PTI has violated its constitution.” ''PTI will have to face consequences if intra-party polls are not correct,'' CJP Isa said.

CJP Isa also observed: “Every citizen has a fundamental right to vote for a political party of its choice and every political party member has the same right too.” He said if this right was snatched then there would be “dictatorship on the national and local level”.

At one point, the CJP noted that there were some technical things in the case. “But there is a fundamental thing: democracy. Democracy should be in the country and also in a party,” he said.

“But since the matter is time sensitive and as the general elections are scheduled for February 8, 2024, in Pakistan, this matter requires immediate attention,” he added, directing the SC Registrar to inquire about the PHC detailed order.

The hearing was then adjourned till Saturday.