ISLAMABAD: The Supreme Court has expressed surprise over the registration of the Tehreek-i-Labbaik Pakistan (TLP) with the National Identity Card for Overseas Pakistanis (Nicop) by an individual residing in the United Arab Emirates.

This was disclosed by the Election Commission of Pakistan (ECP) during the hearing by the Supreme Court of the 20-day Faizabad sit-in staged by the TLP in November last year.

A detailed order issued on Nov 16 this year by a two-judge SC bench comprising Justice Mushir Alam and Justice Qazi Faez Isa regretted that ECP director general (law) Mohammad Arshad could not answer whether the person who had applied for the TLP registration possessed a Pakistani passport or he was a dual national or a foreign citizen. What the DG law could state was that a political party could also be registered by those having Nicops, but without referring to any provision of the law, the order contended.

Detailed order assails ECP director general for undermining Elections Act and rules

The apex court wanted to hear from the ECP as well as Attorney General Anwar Mansoor whether a party that had brought the country to a standstill, caused massive economic losses, destruction of public and private property and loss of life and injured law enforcement personnel could be registered as a political party or allowed to continue as such, the order recalled.

“But the response of DG law is regrettable,” the order said, adding that Mr Arshad even referred to the provisions of the Elections Act 2017 as a ‘cosmetic in nature’ since the TLP had not yet furnished before the ECP the expense incurred during the July general elections.

“We are amazed that a senior employee of ECP himself is undermining the Elections Act and the elections rules,” the order said, adding that the ECP was required to enforce Articles 218 and 219 of the Constitution which made the ECP an independent institution.

In view of these constitutional and legal provisions, the statement of the DG law caused grave concerns, needless to state that the credibility of the ECP was tarnished and undermined when its own senior officer stated that its law was cosmetic, the order observed.

“ECP is empowered to take action pursuant to the Elections Act against recalcitrant, but if the statement of DG law is reflective of the view of ECP then it appears that ECP does not intent to do anything despite the law being violated,” the order regretted.

The apex court ordered the ECP to furnish in writing whether it subscribed to the views of its DG law, and if not, then what action it proposed to take against the political party. The ECP secretary is required to be in attendance when the case will be taken up again on Nov 22.

Referring to the Pakistan Electronic Media Regulatory Authority (Pemra), the order observed that broadcast of any television channel could not be curtailed at the whim of any cable operator. Interrupting or blocking the broadcast of a channel that operated, employed people and generated revenue, including for the government, adversely affected the economy too, the order said, adding that Nepra Chairman Saleem Baig had stated that the annual budget of the authority was Rs1 billion.

Therefore, the poor performance of Pemra was all the more regrettable, the order said, adding that freedom of speech and expression and freedom of the press had been prescribed as fundamental rights in Article 19 of the Constitution. And Pemra’s inability to trace out the culprits [who blocked the transmission of Geo TV and Dawn News in certain parts of the country] was undermining these fundamental rights, the order observed.

Published in Dawn, November 21st, 2018