Judicial Commission under question after SC verdict

[Saifullah Sani]

The detailed judgment of the Supreme Court in the recently dismissed petitions seeking annulment of the 2013 elections, raised fundamental constitutional and legal questions: could the results of the entire general elections for the National and provincial assemblies be annulled under any provision of the Constitution or law?

The apex court did not get any satisfactory answer and thus dismissed the petition, but the same question is bound to haunt the government as well as the PTI, which are presently discussing the formation of a Judicial Commission to probe the conduct of the 2013 elections.

The SC judgment primarily raised two issues. First, how could the apex court entertain electoral rigging petitions in the presence of Article 225. Second, whether the results of the entire general elections could be annulled under the Constitution and law.

The SC judgment states, “The learned counsel was confronted with the maintainability of these petition in the light of the restrictions contained in Article 225 of the Constitution on throwing a challenge to the election results other than by way of election petitions before the Election Tribunal and further whether the results of the entire general elections for the National and the provincial assemblies could be annulled under any provision of the Constitution or law. Since we are not provided with any assistance on the propositions we refrain from dilating upon them.”

This order of the apex court also raises the question whether what the apex court could not entertain because of constitutional constraints could be tasked to a Judicial Commission.

To this question, an informed source said that a Judicial Commission could be constituted if it is tasked to probe into an alleged conspiracy of systematic rigging in the 2013 elections without getting into the electoral disputes of individual constituencies.

However, there is no answer as to under which law or constitutional provision the whole general election could be annulled even if the PML-N is found guilty of being the beneficiary of systematic rigging. There is also no answer to the question that if the PML-N is found to have rigged the elections in Punjab, how the ruling parties in other provinces could be asked to go into fresh polls because of alleged rigging in one province.

Meanwhile, an informed source told The News that the setting up of the Judicial Commission depends upon the terms of reference, which, if they do not violate Article 225 of the Constitution, could probe whether there was a conspiracy involved in the 2013 elections.

No matter what the government and the PTI decide in regard to the ToRs of the proposed Judicial Commission, the Supreme Court would see if the recommended ToR fall within the limits of the Constitution and law.

The source said that Article 225 does not bar the government to seek the Judicial Commission’s probe into an alleged conspiracy of systematic or pre-planned rigging. In such a scenario, it is said that the conduct of the Election Commission of Pakistan, the then caretaker government, former chief justice or any other retired judge, the Jang Group etc as publicly sought by the PTI could be investigated but expecting from the Commission to look into the electoral disputes of individuals constituencies would not be possible because of Article 225.

Article 225 envisages that no election can be called into question except by an election petition presented to the election tribunal.

Judicial Commission under question after SC verdict - thenews.com.pk

 

[tarrar]

The fact is & IK needs to learn this NOW, corrupt are to strong & are united to save corruption & corrupt DEMOCRAZY system.

 

[Waffen SS]

Idiot Khan and some educated snobs thought that the Supreme Court would stroke their pathetic egos by acting as a PANCHAYAT.

These arrogant fools think they are entitled to favorable judgments just because they are running amok on the roads.

It would be a great sight to see them screaming and howling as their inflated egos are busted.

 

[Dil Pakistan]

@Waffen SS; @tarrar; @Saifullah Sani; @cb4; @orangzaib

Before you all Nooniee Patwaries start dancing, use some brain (which obviously you don't have).

S.C. has merely explained what constitution says. S.C. has no power to add into or amend the constitution. PTI already knows this and that is why they are rejecting the option of making a judicial commission under the constitution - clause related to year 1956.

If and when the Judicial Commission will be established, it will be following an 1). amendment by the Parliament OR 2). an "act of Parliament" OR 3). a Presidential order.

Option no.1 is difficult; but no.2 and 3 are quick and easy.

This is where the fight is at the moment and this is why IK is increasing the pressure on Govt. S.C. decision has not changed anything at all.

@Leader; @Norwegian; @TankMan; @mr42O; @Jzaib; @Jazzbot

 

[Leader]

The detailed judgment of the Supreme Court in the recently dismissed petitions seeking annulment of the 2013 elections, raised fundamental constitutional and legal questions: could the results of the entire general elections for the National and provincial assemblies be annulled under any provision of the Constitution or law?

The apex court did not get any satisfactory answer and thus dismissed the petition, but the same question is bound to haunt the government as well as the PTI, which are presently discussing the formation of a Judicial Commission to probe the conduct of the 2013 elections.

The SC judgment primarily raised two issues. First, how could the apex court entertain electoral rigging petitions in the presence of Article 225. Second, whether the results of the entire general elections could be annulled under the Constitution and law.

The SC judgment states, “The learned counsel was confronted with the maintainability of these petition in the light of the restrictions contained in Article 225 of the Constitution on throwing a challenge to the election results other than by way of election petitions before the Election Tribunal and further whether the results of the entire general elections for the National and the provincial assemblies could be annulled under any provision of the Constitution or law. Since we are not provided with any assistance on the propositions we refrain from dilating upon them.”

This order of the apex court also raises the question whether what the apex court could not entertain because of constitutional constraints could be tasked to a Judicial Commission.

To this question, an informed source said that a Judicial Commission could be constituted if it is tasked to probe into an alleged conspiracy of systematic rigging in the 2013 elections without getting into the electoral disputes of individual constituencies.

However, there is no answer as to under which law or constitutional provision the whole general election could be annulled even if the PML-N is found guilty of being the beneficiary of systematic rigging. There is also no answer to the question that if the PML-N is found to have rigged the elections in Punjab, how the ruling parties in other provinces could be asked to go into fresh polls because of alleged rigging in one province.

Meanwhile, an informed source told The News that the setting up of the Judicial Commission depends upon the terms of reference, which, if they do not violate Article 225 of the Constitution, could probe whether there was a conspiracy involved in the 2013 elections.

No matter what the government and the PTI decide in regard to the ToRs of the proposed Judicial Commission, the Supreme Court would see if the recommended ToR fall within the limits of the Constitution and law.

The source said that Article 225 does not bar the government to seek the Judicial Commission’s probe into an alleged conspiracy of systematic or pre-planned rigging. In such a scenario, it is said that the conduct of the Election Commission of Pakistan, the then caretaker government, former chief justice or any other retired judge, the Jang Group etc as publicly sought by the PTI could be investigated but expecting from the Commission to look into the electoral disputes of individuals constituencies would not be possible because of Article 225.

Article 225 envisages that no election can be called into question except by an election petition presented to the election tribunal.

Judicial Commission under question after SC verdict - thenews.com.pk

It can be called into Q according to the article that asks to ensure free and fair elections. that is now I am against political judges. @Irfan Baloch you used to speak against Ch Iftikhar, I thought that he was somewhat going to do betterment in the justice system..but he was same as anyone raised out of this crook system !

@Waffen SS; @tarrar; @Saifullah Sani; @cb4; @orangzaib

Before you all Nooniee Patwaries start dancing, use some brain (which obviously you don't have).

S.C. has merely explained what constitution says. S.C. has no power to add into or amend the constitution. PTI already knows this and that is why they are rejecting the option of making a judicial commission under the constitution - clause related to year 1956.

If and when the Judicial Commission will be established, it will be following an 1). amendment by the Parliament OR 2). an "act of Parliament" OR 3). a Presidential order.

Option no.1 is difficult; but no.2 and 3 are quick and easy.

This is where the fight is at the moment and this is why IK is increasing the pressure on Govt. S.C. decision has not changed anything at all.

@Leader; @Norwegian; @TankMan; @mr42O; @Jzaib; @Jazzbot

Executive that is nawaz has already asked the SC to form a judicial commission.. why is that SC not forming it?
Reasons: political judges.

 

[Irfan Baloch]

It can be called into Q according to the article that asks to ensure free and fair elections. that is now I am against political judges. @Irfan Baloch you used to speak against Ch Iftikhar, I thought that he was somewhat going to do betterment in the justice system..but he was same as anyone raised out of this crook system !

dear sir he was the most controversial and politicized and opinionated and inappropriate person ever who basked in the undeserving glory during the lawyers movement. he was a bully and manipulative he used the anti Mushy drive to his advantage and was the most ill fitted person to be used as a symbol of defiance against dictatorship and FOR justice.

judges are sadly very much politicized we cant expect them to be isolated and living in a shell. their selection and promotion criteria itself is questionable and betrays favoritism.

Noora league has them under its thumb and it knows that GHQ wont interfere this is why Noora league is still killing your workers and its ministers despite being shamed over rigging are openly giving you death threats.

 

[Leader]

dear sir he was the most controversial and politicized and opinionated and inappropriate person ever who basked in the undeserving glory during the lawyers movement. he was a bully and manipulative he used the anti Mushy drive to his advantage and was the most ill fitted person to be used as a symbol of defiance against dictatorship and FOR justice.

judges are sadly very much politicized we cant expect them to be isolated and living in a shell. their selection and promotion criteria itself is questionable and betrays favoritism.

Noora league has them under its thumb and it knows that GHQ wont interfere this is why Noora league is still killing your workers and its ministers despite being shamed over rigging are openly giving you death threats.

he definitely was.. but I wanted to admit that I realized it pretty late that he wasnt working for betterment of justice system or anything but only extending his power and influence, just as now judges are doing..same shady people.

 

[Tameem]

judges are sadly very much politicized we cant expect them to be isolated and living in a shell. their selection and promotion criteria itself is questionable and betrays favoritism.

Only Judged are politicized? Why not Whole Parliament when most of them think there is some kind of rigging in 2013?
Why Not GHQ to be precise as well........keept silent when whole Pakistan is burning?

I would rather concludes that neither Judges or Parliament or GHQ politicized but Cornered due to insane stubbornness and bullying tactics used by this Pagal Kahn, he is just acting like a stray dog at this very moment.....and believes me no one dare to close on him even his friends either in Judiciary or Parliament or in GHQ for a foreseeable future, if this idiot prolongs in this state of mind......marks it........Majority are not pro PMLN but they are forced to act like it by the very own Pagal Khan.

 

[Waffen SS]

Executive that is nawaz has already asked the SC to form a judicial commission.. why is that SC not forming it?
Reasons: political judges.

The same political judges were having their feet kissed by ganjas and idiot khan during the Musharraf era.

Where was that great vision of your nincompoop leader then? Didn't he know that these judges were political.

Someone becomes a villain only when they refuse to pay attention to the idiotic ramblings of the numb-skull cricketer????

 

[Leader]

The same political judges were having their feet kissed by ganjas and idiot khan during the Musharraf era.

Where was that great vision of your nincompoop leader then? Didn't he know that these judges were political.

Someone becomes a villain only when they refuse to pay attention to the idiotic ramblings of the numb-skull cricketer????

Our vision was/is/will remain free judiciary. if someone falls short of it, the vision is not flawed.