Election Act has replaced Public Representation Act: CJP

ISLAMABAD: The Shariat Appellate Bench of the Supreme Court on Tuesday adjourned until after summer vacation the government’s appeal filed against 1989 decision of the Federal Shariat Court, declaring the prevailing electoral system un-Islamic.

A five-member Shariat Appellate bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan, Dr Muhammad Khalid Masood (ad hoc member I) and Dr Qibla Ayyaz (ad hoc member II) heard the government’s appeal. During the hearing, the additional attorney general submitted before the court that the Federal Shariat Court had declared some provisions of the Representation of the People Act 1976 as illegal. He sought some time for taking instructions from the government.

The CJP observed that the Public Representation Act has expired and the Election Act has come in its place. The AAG then submitted that the court can declare this appeal infructuous. The CJP, however, questioned as to whether these relevant provisions exist in the Election Act. “These appeals can be resolved only on your statement,” Justice Isa told the law officer.

The chief justice then asked the AAG to review the Election Act and inform the court about the government’s instructions. During the hearing, a representative from the Council of Islamic Ideology informed the court that they have received the notice at 4:00 pm, adding that they have submitted their recommendations in the court on the subject.

Later, the court adjourned the hearing until after summer vacation.