The Supreme Court of Pakistan stayed the transfer of former CCPO Lahore Ghulam Mahmood Dogar.
A 3-member bench headed by Justice Ejazul Hassan of the Supreme Court heard, Justice Muneeb Akhtar and Justice Mazahir Ali Akbar Naqvi are part of the bench.
The Supreme Court suspended the transfer order of former CCPO Lahore Ghulam Mahmood Dogar in the transfer case.
In its decision, the court said that the matter of appointment and transfer in Punjab is pending before the 5-member bench of the Supreme Court.
In the verdict, the Supreme Court said that the matter of appointment and transfer on behalf of the caretaker government of Punjab is being referred to a 5-member larger bench.
The Supreme Court said in the decision that the transfer of Ghulam Mahmood Dogar should be stopped, the Election Commission could not present any record of verbal exchange.
The Supreme Court has said in the decision that the Election Commission has told that the Commissioner has given permission for the appointment and transfer through a verbal order, the Election Commissioner cannot decide on the appointment and transfer without consulting the Commission members.
The court in its decision said that the Chief Election Commissioner was not entrusted with the power of appointment and transfer by the members of the commission.
The decision of the Supreme Court of Pakistan also says that apparently the Election Commissioner allowed the exchange despite the pending case in the Supreme Court.
Along with this, the Supreme Court disposed of the transfer case of former CCPO Lahore Ghulam Mahmood Dogar.
Where is the Chief Election Commissioner? Justice Ejaz’s query
During the hearing of former CCPO Lahore Ghulam Mehmood Dogar transfer case, Justice Ejaz Ul Ahsan inquired that where is Chief Election Commissioner Sikandar Sultan Raja?
The Secretary Election Commission said that the Chief Election Commissioner is unwell and cannot appear, the Punjab government made a verbal request for the transfer of Ghulam Mahmood Dogar on January 23, a written request came on January 24, and it was approved on February 6.
Justice Muneeb Akhtar asked whether orders are issued on verbal request even in normal circumstances.
Justice Ijaz-ul-Ahsan said that the oral request was received, approved and implemented, correspondence was exchanged after the implementation.
Justice Muneeb Akhtar inquired whether government institutions work orally. Can constitutional bodies issue oral orders? No Chief Election Commissioner, the Election Commission can approve the transfer, has the Election Commission delegated its powers to the Chief Election Commissioner?
DG Law Election Commission replied that there is no document to delegate powers.
DG Law argued that the Election Commission ordered the conversion in the light of the observation of the Supreme Court. The Supreme Court had given the observation in its decision in 2013.
Justice Muneeb Akhtar said that in the light of the court decision, the legislation has also been passed, the court decision was only regarding the secretaries, the Election Commission has ordered the transfer of assistant commissioners as well, how can the commission without the request of the provincial government. Can you order?
Justice Mazahir Naqvi directed that the legal status of oral orders should also be informed, the Supreme Court has issued several decisions regarding oral orders.
Justice Muneeb Akhtar said that Chief Election Commissioner Mr. X should be patient, the commission will decide on your request.
The Supreme Court rejected the Election Commission’s plea for more time to submit records on transfer postings.
Justice Muneeb Akhtar remarked that the clock is running very fast, tick, tick, tick, 90 days are going to end and Election Commission is asking for more time.
Justice Ijazul Hassan said that the election commission’s job is to conduct transparent elections, they are asking for time for that too.
The Supreme Court of Pakistan summoned Chief Election Commissioner Sikandar Sultan Raja again today.
In a written order, the bench had sent the matter of Punjab elections to Chief Justice of Pakistan Umar Ata Bandial for suo motu notice.
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