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SC warns of intervention against malicious intent in holding ‘transparent’ polls in KP, Punjab
ISLAMABAD staff report the chief justice of Pakistan said the Election Commission of Pakistan (ECP) would be “protected” as a constitutional body, but warned that the supreme Court would intervene if there were any malicious intention in conducting “transparent elections” in Punjab and Khyber Pakhtunkhwa. the observation was made during hearing of a petition against the transfer of ghulam mahmood dogar as chief of lahore police by a threejudge bench of the apex court. a three-member bench of the supreme Court headed by Chief Justice umar atta bandial, and included Justice yahya afridi and Justice mazahir ali akbar naqvi, heard the petition. the government can transfer an officer with the approval of the ECP, he added. the counsel submitted that the ECP gave verbal approval to the caretaker government for the transfer of CCPo on January 23. the caretaker government took a policy decision to reshuffle the bureaucracy for transparent election and the ECP approved the decision.
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Election Commission (ECP) counsel abid Zuberi told the court that the election schedule has been released after the establishment of caretaker government as it is the ECP’s responsibility to conduct fair and transparent elections under article 218. the ECP has the power to reshuffle bureaucracy to give a level playing field to contestants.
Justice yahya afridi inquired as to when the ECP can use the authority of transfer and posting. the ECP counsel submitted that under article 218, it can transfer an officer.
Chief Justice bandial remarked that it has been proven that the caretaker government can transfer officers in consultation with the ECP. Can ECP itself recommend to the caretaker government to transfer officers?
Justice afridi then questioned when the ECP gave approval of the transfer of CCPo dogar.
Earlier this month, the ECP had requested to become a party to the case, arguing that without the transfer of “partisan officers,” free and fair elections would not be possible.
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