Election Commission of Pakistan not fair, victimizing ‘one party’, SC Justice Hilali observes

“Is the Election Commission overlooking other parties?” she inquires during the hearing of the PTI’s plea, which seeks a level-playing field.

In Islamabad, Justice Musarrat Hilali of the Supreme Court expressed reservations on Monday regarding the Election Commission of Pakistan’s (ECP) handling of matters related to the Pakistan Tehreek-e-Insaf (PTI) in the lead-up to the upcoming general elections on February 8.

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During the hearing of the PTI’s request to withdraw its plea for a level playing field, Justice Hilali criticized the fairness of the Election Commission, stating, “The Election Commission is not fair. It is running behind one party.” She questioned whether the electoral body was considering other parties or not.

The remarks were made as the PTI withdrew its petition seeking contempt proceedings against the ECP for allegedly failing to ensure a level playing field before the upcoming elections. A three-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Hilali, heard the plea.

PTI’s lawyer, Latif Khosa, informed CJP Isa that the party would approach the “people’s court” in this matter, expressing a desire not to continue the case in the Supreme Court. Khosa highlighted the Supreme Court’s January 13 verdict, which deprived the PTI of its ‘bat’ symbol, claiming it “snatched” 230 seats from the party.

CJP Isa inquired if the PTI wished to continue the case, to which Khosa replied that he had been directed to withdraw the plea. Khosa argued that the ECP could only withdraw the election symbol, but the party was effectively being banned from the parliament.

CJP Isa remarked that the ECP had consistently directed the PTI to conduct intra-party polls, which had not been held, and accused the party of undermining Pakistan’s institutions.

The original plea by the PTI lamented the ECP’s failure to implement the top court’s directions to address the party’s concerns about the absence of a level-playing field. It referred to the top court’s December 22 ruling, directing the electoral body to meet with the PTI’s representatives and address their concerns. Despite assurances from the ECP, the PTI claimed that its candidates continued to face harassment and arrests, seeking the court’s intervention to ensure a fair electoral environment.