SC refers ECP pre-poll ban on recruitment to IHC

ISLAMABAD: The Supreme Court of Pakistan on Tuesday referred the Election Commission of Pakistan’s (ECP) decision to ban new recruitment in government departments to the Islamabad High Court (IHC).

The apex 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 petition bythe Punjab government against the ECP notification will also be transferred to the IHC. All provinces can contest against the decision in the IHC.

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 Chief Justice of Pakistan Mian Saqib Nisar issued this order while resuming the hearing of the suo motu case regarding the ECP notification. The chief justice advised the ECP to form new laws and clarify the type of banned recruitment. 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 chief justice 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 Saqib Nisar added. The secretary of ECP told the court that the commission banned recruitment to curb pre-poll corruption. 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.