We will interfere if there will be any malafide intent in transparent election:CJP


Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked if there is any malafide intent in transparent election then we will interfere.

The CJP further remarked Election Commission (EC) is a constitutional institution. We will provide protection to it. EC has powers under the constitution which are aimed at holding election in transparent manner. If there is any malafide intent in transparent election then we will interfere.

He further observed Supreme Court (SC) is a constitutional institution which is being maligned through audio tapes. We will protect the institution with fortitude and patience. Audio tapes through which the constitutional institutions are being defamed have no importance. We are exercising restraint on the matter of these tapes.

He added democratic process should be fair. EC has very wide jurisdiction. All political parties should be provided level playing field in election.

He observed EC should not give open powers to care taker governments in connection with transfers and postings. The EC should ask from care taker government about such transfers.

Under atricle 218 of the constitution EC exercises the powers of transfers to ensure transparent election. It has been proved caretaker governmnet issues transfer orders with the permission of EC. EC on its own can issue orders to care taker governemnts for transfering officers. Some times SC remarks are misconstrued. We said in a case there was an honest prime minister in 1988. These remarks of our were misunderstood by parliament. We have not said that only one honest prime minister has come so far. We have given protection to constitutional institutions in our decisions. The judiciary is being attacked. We will protect the judiciary.
CJP gave these remarks while presiding over a three memebrs bench of SC during the course of hearing of CCPO Lahore Ghulam Mehmood Dogar transfer case Wednesday.
Abid Zubairi counsel for Ghulam Muhammad Dogar took the plea before the court Ghulam Mehmood Dogar is withdrawing his appeal agaisnt his transfer.

The counsel for EC told the court election schedule has been issued following the induction of care taker government. Under article 218 of the constituon it is our responsibility to hold fair and transparent election.The powers to make transfers among bureaucracy lies with us to ensure level playing field. Caretaker governemnt can make any transfer with the approval of EC.

Justice Yahya Afridi inquired on the occasion EC uses its powers for posting and transfer when. EC gave approval for transfer of Ghulam Mehmood Dogar when.

The counsel for EC told the court EC gave verbal approval to care taker governemnt on January 23 for transfering CCPO Lahore Ghulam Mehmood Dogar. Care taker government made policy decision to change all bureaucracy for the sake of transparency of election. EC granted approval to this decision of caretaker government
The court maintained one bench of services tribunal restored Ghulam Mehmood Dogar. The other bench of service tribunal suspended the decision of restoration.

The court remarked the matter has become infructuous following the approval from EC in connection with transfers in bureaucracy.

The petition is wrapped up being withdrawn, court remarked.