The Supreme Court’s intervention in the election process has been widely acknowledged and appreciated. Initially, on November 3, the apex court stepped in, leading to a consensus between the Election Commission of Pakistan (ECP) and the president regarding the election date. Chief Justice of Pakistan (CJP) Isa emphasized that no delays would be tolerated in the elections.
On December 15, the Supreme Court intervened once again, suspending the Lahore High Court’s order that had suspended the ECP’s notifications regarding the appointment of election officials. This allowed the ECP to issue the election schedule promptly. The apex court has emphasized the importance of resolving any litigation or legal challenges related to elections promptly to maintain public confidence in the electoral process and democracy.
Legal experts believe that the Supreme Court’s actions have sent a clear message to the high courts that interference in the election process will not be acceptable. CJP Qazi Faez Isa has been commended for his efforts in ensuring timely elections on February 8. However, there is now a debate about whether the Supreme Court, led by Justice Isa, will address the PTI’s complaints regarding a level playing field in the elections and grievances against powerful circles.
Some individuals have raised concerns about the judiciary’s past involvement in political engineering during the 2018 general elections. However, CJP Isa’s court has not taken suo motu action against the PTI and has shown judicial restraint regarding actions against the party by state institutions following the May 9 incidents.
Despite the PTI’s filing of multiple petitions during the tenure of former CJP Umar Ata Bandial, Justice Isa has not entertained those grievances. The Supreme Court, under CJP Isa, is also set to review a previous judgment on lifetime disqualification of lawmakers under Article 62(1)(f) of the Constitution, which could have implications for politicians like Nawaz Sharif and Jahangir Tareen.
In addition, the Supreme Court is currently hearing a presidential reference seeking a review of a previous verdict in the Zulfikar Ali Bhutto case. Striking a balance among different political parties, including the PTI, will be a significant challenge for the court.
Some legal experts argue that the election process should be managed by the ECP, questioning why the Supreme Court should micromanage it. They believe that the PTI should demonstrate good faith before making demands for relief from CJP Isa. They also urge high court judges to show courage in addressing matters related to civil liberties.
Meanwhile, a case related to audio leaks is being adjudicated by Islamabad High Court Judge Babar Sattar. It is worth noting that state institutions, particularly the armed forces, have taken a clear stance on the May 9 incidents. However, Imran Khan has linked these events to the so-called “London Plan,” and the PTI leadership has not distanced itself from the incidents. Consequently, some argue that the Supreme Court’s interference may not be productive when both sides have already taken firm positions.
