LHC orders ECP to hold free, fair LG polls

Says ostensibly amendment was made contrary to Supreme Court directions

By our correspondents
July 25, 2015
LAHORE
A full bench of the Lahore High Court Friday directed Election Commission of Pakistan to hold local government elections free and fair, without any political interference.
The bench led by Justice Muhammad Farrukh Irfan Khan issued this interim order while hearing a petition moved by PTI leader Jahangir Tareen challenging new delimitations done by the Punjab government for local government elections in the province.
The court observed that ostensibly amendment was made contrary to Supreme Court’s directions.
The bench observed that trend of making fun of nation must be stopped and real powers should be delegated to grass roots so that the country could prosper. Justice Abid Aziz Sheikh and Justice Shahid Karim were the other members of the bench.
Arguing before the bench, the petitioner’s counsel Farooq Amjad Meer said amendment to the Local Government Act was tantamount to inference into the powers and jurisdiction of the Election Commission. He argued that the government had no authority whatsoever to interfere into the ECP powers but the ruling party amended the law in a whimsical manner which is not permitted under the law.
The counsel told the bench that the local bodies’ had been deprived of their powers. Counsel for ECP told the bench that ECP made new delimitations in Punjab without government interference.
A law officer on behalf of the Punjab government, however, said the amendment was made strictly in accordance with SC’s directions. At this, the bench expressed serious concern and observed that apparently the amendment was done contrary to SC’s directions. The bench ordered ECP to hold free and fair LG elections. The court will resume hearing after summer vacation.
Jahangir Tareen of PTI had filed the petition and challenged new delimitations done by the Punjab government for local government election in the province.
The petitioner stated that the government intervened in the jurisdiction of the Election Commission of Pakistan (ECP) by doing delimitations following an amendment to Local Government Ordinance 2013. He said the government had no power to delimit the constituencies but it violated the Constitution.
He prayed to the court to set aside the amendment to the ordinance and delimitations carried out by the provincial government for being an unconstitutional act and direct it to hold party basis elections.
larger bench: Justice Mazahar Ali Akbar Naqvi of the Lahore High Court has recommended forming a larger bench to hear the petition requesting to try MQM chief Altaf Husain and other leaders under treason charges.
Advocate Aftab Virk filed the petition stating that MQM chief and other eight leaders, including Babar Ghauri, Farooq Sattar and Waseem Akhtar used to speak against integrity of the country and the army in their speeches and at different talk shows on different TV channels while the interior and information ministries had failed to take action against them. He said they were creating bad image of Pakistan in the world.
He said their speeches were tantamount to treason and they should be tried under the treason act. The petitioner pleaded the court to issue directives to the executive to lodge treason cases against the MQM chief and other leaders. He said before coming to the court, he also filed an application to the prime minister and interior ministry for action against MQM leaders but received no response.
After hearing the arguments, Justice Naqvi declared the matter sensitive and a larger bench should hold its proceedings. The judge sent the file to LHC Chief Justice Manzoor Malik to form a larger bench.
The court also issued notices to the interior ministry and the prime minister’s principal secretary.