It was serious news to cap off a gloomy day. Late on Saturday, the Supreme Court affirmed the Election Commission’s highly contentious choice to remove the PTI from office. It already appears improbable that this ruling will be remembered favorably in the past.
A three-member apex court bench led by the current chief justice appears to have approved a very similar transgression by the ECP, just days after the court reversed a previous ruling on lifetime disqualification under Article 62(1)(f) on the grounds that the bench that had previously decided the matter had “read into the Constitution” to conjure up a punishment that never existed.The ECP had denied a political party its election symbol on the grounds of a contentious intraparty election, even though there is no explicit clause in the election rulebook authorizing the ECP to do so. It can now relax knowing that the Supreme Court has given it its blessing.Most legal observers following the Supreme Court proceedings had agreed that the ruling to uphold the ECP decision would amount to depriving the public of their constitutional right to vote for the political leaders and parties of their choice, especially considering the ramifications of the punishment meted out to the PTI just weeks before a general election is scheduled to occur.
It will be more evident what the Supreme Court thought of this line of reasoning once the court’s detailed order is available for review. Meanwhile, news will get out today that one of the nation’s most well-liked parties was eliminated from the election by the Supreme Court on a technicality.The PTI support base will find it difficult to accept the change. It is also unclear how this choice will affect the public’s perception of how “free and fair” the next elections will be overall.
During the case hearing, it was noteworthy to witness the meticulous attention to detail and significance placed on the PTI’s constitution. It begs the question of whether the nation would have ended up where it is now if the Election Commission had given the Pakistani Constitution, whose clear directives concerning the democratic process it has repeatedly disregarded over the past year, as much thought and consideration as it has.Finally, some of the blame must also be placed on the PTI’s attorneys, the majority of whom were unable to present the party’s case to the court in an understandable and persuasive manner. For now, though, that seems insignificant. The party has more pressing issues to consider. Will it be able to withstand this blow?
