IHC directs parliament to resolve persisting deadlock
The Islamabad High Court (IHC) on Monday ordered to transfer the case of appointment of two members of the Election Commission of Pakistan (ECP) to the parliament.
IHC Chief Justice Athar Minallah presided over the hearing of the case, and asked the Speaker of the House and the Chairman to prevent the ECP from getting 'non-functional'.
The court further remarked that the detailed judgment would be issued.
"Can't the parliament resolve even such a small matter? […] Does the federal government still want to defend the persisting deadlock?" the judge asked, adding that the court has its confidence on the parliament that it would resolve the issue.
"Constitutional institutions should not be made non-functional, does the government want this to happen?" he further questioned, adding that the matter pertains to public interest.
"Election commission has almost become inactive," he mentioned, while asking could a hearing on the case be postponed only because it was pending in the Supreme Court.
In the courtroom, the additional Attorney General asked for the court's permission to acquire instructions from the government on the matter.
In the previous hearing, the court was asked to postpone the hearing of petitions filed against the appointment of two ECP members until the apex court decides a plea filed in connection with the matter.
On Aug 27, Pakistan Muslim League-Nawaz (PML-N) lawyer Jahangir Khan Jadoon challenged the appointment of the ECP members from Sindh and Balochistan and requested the court to stop implementation of notification issued by the parliamentary affairs ministry.
Two petitioners, Senator Mohammad Javed Abbasi and National Assembly member Dr Nisar Ahmed Cheema, who are members of the parliamentary committee that recommends the names of ECP members, have also challenged their appointment in the IHC.
The petitioners had said that the criteria for appointment of the chief election commissioner and ECP members had been provided in the Constitution.