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’s petition seeking initiation of contempt charges against the Election Commission of Pakistan (ECP) for alleged violation of its Dec 22 directives for a “level playing field” in the upcoming polls.

CJP Isa headed the bench, which also comprised Justice Muhammad Ali Mazhar and Justice Musarrat Hilali. The hearing was aired live on the SC’s website.

The PTI has alleged that conspiracies are being hatched to exclude it from the Feb 8 general elections.

The hearing comes a day after the ECP informed 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’s allegations of a lack of level playing field in the run-up to polls.

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.

“The petitioner (PTI) has been unable to provide any proof that (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 […] therefore no contempt of this court is established as contemplated under Article 204 of the Constitution, the contempt petition ex-facie is not maintainable,” the ECP had concluded.

During today’s hearing, the Supreme Court fixed the PTI’s plea for the restoration of its ‘bat’ electoral symbol for hearing on Jan 11 (Thursday) while the contempt petition proceedings were adjourned till Jan 15.

Today’s hearing

At the outset of the 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 submitted by the chief secretary in connection with directives issued by the court.

CJP Isa then asked the PTI lawyers whether they had read the comprehensive report. “What’s wrong with it?” he asked.

“It is based on a total travesty of facts,” Khosa responded. However, Justice Mazhar pointed out that according to the report 1,195 nomination papers had been filed by the PTI.

CJP Isa pointed out that if the PTI disagreed with the report submitted, then it should have been submitted in writing.

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.

“What do you want? […] We are a court of law,” CJP Isa said, reiterating that comprehensive reports had been submitted to the court. “Please tell us what you want to do. If you do not trust any institution — tell us the reasons so we can issue an order,” he said.

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.

However, Justice 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 to the latest reports submitted to the court.

“You don’t refer to a single bit of law, you don’t 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,” the chief justice said.

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.

“Are you a candidate yourself?” asked CJP Isa to which Khosa responded in the affirmative. “You are standing before us […] let’s leave the dramatics out and focus on facts,” the top judge said. He again expressed displeasure at Khosa interrupting the judges from speaking.

Here, the PTI lawyer lamented that his party’s plea seeking the restoration of its bat symbol had not been fixed for hearing yet, at which the top judge assured him that it would be heard.

Justice Isa then asked the PTI lawyer whether he wanted elections to take place or not. “A hundred per cent we want elections,” Khosa said.

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. “If 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,” he said.

At one point, the CJP said that institutions such as the ECP had been constituted by the Parliament and urged Khosa to “value” them.

The PTI counsel then urged the court to allow the party to conduct its election campaign within the parameters of the law. He said that Section 144 and public order laws had also been imposed in an effort to crack down on the party’s candidates.

CJP Isa then highlighted 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.

“You want us to take over the ECP? […] 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,” CJP Isa observed.

“This 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’s [prerogative]. If you say someone’s 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,” he further said.

He highlighted that appeals against rejection of nomination papers could be heard by the election tribunals. “Do not make allegations against a constitutional body unless you can back it up with proof,” he said.

At one point during the hearing, Khosa claimed that papers were snatched from his munshi (clerk) while at the Supreme Court, to which CJP Isa said that a munshi was not even allowed to go to a judge’s chamber.

The chief justice assured Khosa that if a petition or a complaint was filed in the presence of the judges, the court would surely listen to it.

Here, Shaheen urged the apex court to fix the plea for the party’s ‘bat’ electoral symbol today as the Peshawar High Court (PHC) would hear the case tomorrow.

He said Hamid Khan, the counsel in the case, was present at the Supreme Court premises, at which CJP Isa summoned him to the courtroom.

The chief justice remarked, “The highest number of petitions are coming from the PTI right now, and are also being heard.”

Subsequently, the PTI’s plea for the restoration of its electoral symbol was fixed for hearing on Jan 11 (Thursday).

When asked about his request, Khosa said he wanted the court to grant him three days to submit a response to the ECP’s comprehensive report. The hearing was subsequently adjourned till Jan 15.