The Supreme Court issued a written decision in the case against Adil Bazai s de-seatment, stating that the Civil Court must address the case of the fake affidavit against Prime Minister Shehbaz Sharif as soon as possible. The decision regarding the affidavit by the civil court on February 16, 2024, is not final, it was remarked.
The written decision emphasized that the allegations regarding the authenticity of the affidavit are serious, and the civil court must decide on the legal status of the affidavit quickly. It also directed the civil court to resolve civil and criminal cases promptly.
The 18-page decision, written by Justice Mansoor Ali Shah, criticized the Election Commission of Pakistan’s (ECP) behavior, stating that despite judicial instructions, the ECP adopts an approach that is inconsistent with its constitutional duties. The Election Commission believes it has the authority to ignore other constitutional institutions and the fundamental right to vote, it noted.
The decision stressed that elections are the lifeblood of democracy, and the Election Commission is the guarantor of the integrity of the electoral process. Without an independent electoral process, the foundation of democracy weakens, it noted. The Election Commission must not fall victim to political influence or interference and should remain a neutral protector of democracy. Any bias in favor of the government would harm the credibility of the political system, according to the decision
Justice Ayesha Malik s additional note was also included in the written decision on the Adil Bazai case. She stated that the primary role of the Election Commission is to conduct free and fair elections. Citizens have the right to contest elections and vote for their preferred candidates. The Election Commission cannot be considered superior to other constitutional institutions. It is an independent body bound by its constitutional mandate to conduct free and fair elections, the noted reads.
Justice Ayesha Malik further wrote that the Election Commission s independence is crucial for maintaining the integrity of elections. It must ensure that the will of the people is reflected in the elected representatives government. The Election Commission s positive role protects the rule of law and prevents political manipulation, the note maintained.