{"id":45251,"date":"2024-01-08T07:55:05","date_gmt":"2024-01-08T07:55:05","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/dont-make-allegations-against-constitutional-body-without-proof-cjp-tells-pti-counsel\/"},"modified":"2024-01-08T07:55:05","modified_gmt":"2024-01-08T07:55:05","slug":"dont-make-allegations-against-constitutional-body-without-proof-cjp-tells-pti-counsel","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/dont-make-allegations-against-constitutional-body-without-proof-cjp-tells-pti-counsel\/","title":{"rendered":"\u2018Don\u2019t make allegations against constitutional body without proof,\u2019 CJP tells PTI counsel"},"content":{"rendered":"<p><\/p>\n<div dir=\"auto\">\n<p>Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday told PTI lawyer Latif Khosa to refrain from making allegations against a constitutional body unless the claims could be backed up by proof.<\/p>\n<p>He made the remarks as the court heard the <a href=\"https:\/\/www.dawn.com\/news\/1801010\/pti-moves-contempt-petition-against-ecp-in-apex-court\">PTI\u2019s petition<\/a> seeking initiation of contempt charges against the Election Commission of Pakistan (ECP) for alleged violation of its <a href=\"https:\/\/www.dawn.com\/news\/1799936\">Dec 22 directives<\/a> for a \u201clevel playing field\u201d in the upcoming polls.<\/p>\n<p>CJP Isa headed the bench, which also comprised Justice Muhammad Ali Mazhar and Justice Musarrat Hilali. The hearing was aired live on the SC\u2019s website.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1802856\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>The PTI has alleged that conspiracies are being hatched to exclude it from the Feb 8 general elections.<\/p>\n<p>The hearing comes a day after the ECP <a href=\"https:\/\/www.dawn.com\/news\/1803898\">informed<\/a> the Supreme Court that 76 per cent of nomination papers filed by PTI candidates for the upcoming general elections had been accepted, negating the party\u2019s allegations of a lack of level playing field in the run-up to polls.<\/p>\n<p>In a response submitted to the apex court, the electoral watchdog, citing data obtained by returning officers (ROs), said 598 out of a total of 843 nomination papers of PTI candidates for the National Assembly had been accepted. Similarly, 1,398 out of 1,777 candidatures for provincial assemblies had been accepted.<\/p>\n<p>\u201cThe petitioner (PTI) has been unable to provide any proof that respondent 2 (ECP) has defied the order of the court dated Dec 22 in any manner whatsoever. The commission has taken all possible steps to comply with the order of the court dated Dec 22 [\u2026] therefore no contempt of this court is established as contemplated under Article 204 of the Constitution, the contempt petition ex-facie is not maintainable,\u201d the ECP had concluded.<\/p>\n<h2><a id=\"todays-hearing\" href=\"#todays-hearing\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Today\u2019s hearing<\/h2>\n<p>During today\u2019s hearing, PTI lawyers Khosa and Advocate Shoaib Shaheen came to the rostrum while the Punjab advocate general was also present. The Punjab advocate general told the court that a report had been <a href=\"https:\/\/www.dawn.com\/news\/1803835\/punjab-govt-supporting-ecp-for-free-fair-polls-sc-told\">submitted<\/a> by the chief secretary in connection with its <a href=\"https:\/\/www.dawn.com\/news\/1802856\">directives<\/a>.<\/p>\n<p>CJP Isa then asked the PTI lawyers whether they had read the comprehensive report. \u201cWhat\u2019s wrong with it?\u201d he asked.<\/p>\n<p>\u201cIt is based on a total travesty of facts,\u201d Khosa responded. However, Justice Mazhar pointed out that according to the report 1,195 nomination papers had been filed by the PTI.<\/p>\n<p>CJP Isa pointed out that if the PTI disagreed with the report submitted, then it should have submitted something in writing.<\/p>\n<p>Justice Mazhar also read from the ECP report, saying that the data showed that the rate of acceptance of PTI nomination papers was 76pc. He also noted that the PTI itself had said that it had appealed the rejection of papers with the tribunals, which had accepted the pleas.<\/p>\n<p>\u201cWhat do you want? [\u2026] We are a court of law,\u201d CJP Isa said, reiterating that comprehensive reports had been submitted to the court. \u201cPlease tell us what you want to do. If you do not trust any institution \u2014 tell us the reasons so we can issue an order,\u201d he said.<\/p>\n<p>Khosa asserted that he wanted the implementation of the relief granted by the court. He said that the PTI was not being allowed to campaign for polls.<\/p>\n<p>However, CJP Isa pointed out that the lawyer was again making allegations. He also expressed displeasure at the counsel interrupting the judges from speaking. He again asked Khosa to respond on the latest reports submitted to the court.<\/p>\n<p>\u201cYou don\u2019t refer to a single bit of law, you don\u2019t refer to a single fact. You just throw names. This is not the way. If there is genuine anxiety, we will address it. If it is just to be used as a political forum, then there are other forums for you to use,\u201d the chief justice said.<\/p>\n<p>Khosa said that PTI candidates were rounded up under public order laws and were roughed up. He said that the party was not being given a level playing field.<\/p>\n<p>\u201cAre you a candidate yourself?\u201d asked CJP Isa to which Khosa responded in the affirmative. \u201cYou are standing before us [\u2026] let\u2019s leave the dramatics out and focus on facts,\u201d the top judge said. He again expressed displeasure at Khosa interrupting the judges from speaking.<\/p>\n<p>At one point, CJP Isa asked the PTI lawyer whether he wanted elections to take place or not. \u201cA hundred per cent we want elections,\u201d Khosa said.<\/p>\n<p>The chief justice said that the court was issuing directives on short notice and that he did not expect the ECP to file a report that soon. \u201cIf we are perpetually detracting the ECP, hauling them before the courts, how will they ever conduct the election? This is not their job. Their job is to conduct elections,\u201d he said.<\/p>\n<p>Khosa then urged the court to allow the PTI to conduct its election campaign within the parameters of the law. He also said that Section 144 and public order laws had also been imposed in an effort to crack down on the party\u2019s candidates.<\/p>\n<p>CJP Isa then pointed out that the imposition of Section 144 was not specific to one party. He said that if candidates were detained under public order laws, they could approach the court. He said that the PTI lawyer was talking in the air and asked how it was connected to the ECP.<\/p>\n<p>\u201cYou want us to take over the ECP? [\u2026] Is it our constitutional mandate to take over the functions of the ECP? Please let me complete a thought. To the extent the ECP is not doing something in accordance with the Constitution or the law, we can look into it. But we are not the ECP,\u201d CJP Isa observed.<\/p>\n<p>\u201cThis point was made very clear to you when elections came before us that we will not settle the date of elections, which is the president or the commission\u2019s [prerogative]. If you say someone\u2019s papers have been snatched or rejected, then what we are doing in law is assuming the duties of the ECP, which is not our job,\u201d he further said.<\/p>\n<p>He highlighted that appeals against rejection of nomination papers could be heard by the election tribunals. \u201cDo not make allegations against a constitutional body unless you can back it up with proof,\u201d he said.<\/p>\n<hr\/>\n<p><em>More to follow<\/em><\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday told PTI lawyer Latif Khosa to refrain from making allegations against a constitutional body unless the claims could be backed up by proof. He made the remarks as the court heard the PTI\u2019s petition seeking initiation of contempt charges against the Election Commission of Pakistan [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":45252,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"fifu_image_url":"https:\/\/i.dawn.com\/large\/2024\/01\/08122809ce21249.png?r=122824","fifu_image_alt":"","footnotes":""},"categories":[10],"tags":[],"class_list":["post-45251","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pakistan"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/45251","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/comments?post=45251"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/45251\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/45252"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=45251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=45251"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=45251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}