Serving versus retired Judge
Wednesday, January 25th, 2012 3:25:27 by Faisal Farooq
Serving versus retired Judge
I wonder what is happening as sharp differences came out into open between two respectable institutions, one comprising serving judges and the other retired ones.
The two bodies, interestingly, have no difference over the core issue that the present voter lists need to be corrected in order to hold just fair and transparent polls. However, the dispute persists around the time needed to complete the task adequately.
There is a larger perception that former president Pervez Musharraf’s collaborators while taking on political engineering included million of bogus votes into the lists to get his blue-eyed elected. NADRA (Nation Database Regulatory Authority) subsequently presented the facts to support the perception.
According to an estimate 37,185,998 entries were found to be bogus. The apex court ordered the Election Commission of Pakistan (ECP) and NADRA to make the corrections. Everything was fine but the court took upon itself to determine the time frame within which the assignment had to be completed. February 23 was fixed to complete the task.
One questions why the Supreme Court considered it fit to do so when the task falls into the category of particularity rather constitutionality.
Wasn’t it better to let the election commission and regulatory authority determine the time needed in the light of trained staffers at their disposal? The apex court should have only ensured that the list was in place well before the general elections due early 2013.
The two bodies, NADRA and ECP, stated that the preparation of error free voter lists would not be possible before May 25, 2012. Apparently, a new dispute has been arisen between SC and ECP about the holding of by-polls in seven constituencies which the commission is required by the constitution to be held by February 20, 2012.
The by-polls have to be contested thus on the existing electoral rolls. The apex court should reconsider its position to which the executive and now the ECP complaint.
It should not be seen to be rewriting the Constitution in the name of interpretation. The court will deliver much better if it articulates the requirements of law without issuing the cut off dates.
It is leap to face humiliation otherwise as happened when appointing a chief enquiry officer to investigate the infamous memogate scandal within a particular period of time.
Tags: ECP, Election Commission of Pakistan, general elections, NADRA, pervez musharraf, SC, Supreme Court, voter lists
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