The Supreme Courtroom on Friday suspended the switch order of Ghulam Mahmood Dogar because the Lahore capital metropolis police officer (CCPO) and forwarded the matter to a different bench of the apex court docket. A 3-member bench of the highest court docket headed by Justice Ijaz ul Ahsan took up Dogar’s plea towards the December 2022 resolution of the Federal Service Tribunal (FST). On Thursday, Justice Ahsan heard the case and directed the Chief Election Commissioner Sikandar Sultan Raja to supply all of the data concerning Dogar’s switch. The court docket had additionally reconstituted the bench and added Justice Munib Akhtar to it. Through the listening to, Justice Ahsan requested the place is the chief election commissioner. At this, the Election Fee’s Secretary Umar Hameed replied that CEC Raja is unwell and therefore, couldn’t seem earlier than the court docket. The secretary mentioned the Punjab authorities made a verbal request to switch Dogar on January 23. He mentioned that they obtained the written request on January 24 which was permitted on February 6.
At this, Justice Akhtar inquired whether or not orders are issued on verbal requests usually. In the meantime, Justice Ahsan mentioned {that a} verbal request was permitted and orders have been issued. Nevertheless, the switch letter was issued after the implementation, he remarked. “Do federal establishments work on verbal orders? Can constitutional our bodies situation orders verbally?” requested Justice Akhtar.
Justice Akhtar remarked that the CEC can’t resolve concerning transfers and postings with out consulting the Election Fee members. “Has the Election Fee transferred its authorities to the chief election commissioner?” questioned Justice Akhtar. At this, the director common (DG) regulation mentioned that there isn’t any doc to delegate the authority. “Who contacted the CEC concerning the switch and postings and underneath which regulation the CEC is authorised to situation the orders himself?” requested Justice Akhtar.
The decide remarked that elections are to be held in 90 days and with each passing day, the 90-day restrict is ending. On January 26, the fee simply issued a verbal order, in accordance with which everybody from secretary to peon was reshuffled in Punjab, noticed Justice Ijaz ul Ahsan. “What the ECP is definitely doing?” requested Justice Akhtar. The decide additionally acquired infuriated over the constant interruption by the ECP’s secretary and cautioned him. I do know the fundamental regulation, responded Hameed. At this, Justice Ahsan mentioned that by understanding fundamental regulation you wouldn’t be referred to as a lawyer. “What was the hurry to situation verbal orders?” Justice Akhtar requested. The one responsibility of the ECP is to conduct elections, mentioned Justice Ahsan.