Saturday (today) is crucial for the PTI as a three-judge bench of the Supreme Court, led by Chief Justice of Pakistan Qazi Faez Isa, will decide the fate of its intra-party elections.
If the apex court declares that the PTI’s internal polls were not held in accordance with the law, the party will suffer a major setback by not being allotted its cherished electoral symbol of the ‘cricket bat’.
Surprisingly, the Peshawar High Court in its short order did not give the declaration that the PTI’s intra-party elections were held in accordance with the law.
The SC bench also expressed its surprise that the short order failed to mention this crucial aspect.
Makhdoom Ali Khan, the counsel for the Election Commission of Pakistan (ECP), pointed out several legal flaws in the holding of the PTI’s intra-party polls.
The SC bench has yet to clearly make up its mind about its decision in this matter.
Now it is a major test for the PTI’s legal team as to how it can defend the party’s internal elections before the SC bench on Saturday. Usually, the benches do not sit for a hearing on Saturdays.
Questions are also being raised on the performance of the PTI lawyers, who appeared to be struggling before the bench led by CJP Isa.
Advocate Ali Zafar is likely to represent the PTI on Saturday.
The factor of perception is more important in this case. It is an open secret there is a clash between the ‘powerful circles’ and PTI since the May 9 violence last year.
Despite facing tough times, the PTI’s popularity has not decreased and the party’s opponents do not want its renowned electoral symbol to be allotted to it.
Following this perception, the matter is also important for CJP Isa, who has so far been successful in adjudicating important cases during his tenure.
The elections date was announced after the SC’s intervention. The court overturned a couple of high courts’ orders, which might have delayed the polls.
However, it is a key test for the SC as to how it will ensure the credibility of the elections.
Lawyer Salahuddin Ahmed said the SC’s fundamental rights jurisprudence truly took off after former premier
Benazir Bhutto’s petition in 1988 seeking an electoral symbol for the PPP (and her earlier plea against non-party polls).
“It will be very unfortunate if the SC allowed the ECP to deny the [cricket] bat symbol to the PTI,” he added.
