SC dismisses appeal against transfer of Lahore CCPO

The Supreme Court (SC) on Wednesday dismissed the appeal against the transfer of CCPO Lahore Ghulam Mahmood Dogar after it was withdrawn by the petitioner. “I withdraw the appeal against the transfer of Ghulam Mehmood Dogar," said Abid Zuberi, the counsel of the Election Commission of Pakistan (ECP). Zuberi added that “after the establishment of the caretaker government, the election schedule has been released”, adding that “according to Article 218, it is our responsibility to conduct a fair and transparent election”. Read Punjab caretaker CM removes ‘PTI’s blue-eyed’ Lahore CCPO The electoral watchdog's lawyer furthered that the ECP has the authority to make changes in the bureaucracy to ensure a level playing field during elections. Chief Justice of Pakistan (CJP) Umar Ata Bandial noted that “under Article 218, the ECP uses the power of transfer to ensure a fair and transparent election”. “The ECP can give orders to the caretaker government to transfer officers,” noted the chief justice. He also said that the “ECP is a constitutional institution that we will protect”, adding that “if there is malpractice in transparent elections, we will intervene”. Justice Yahya Afridi inquired “when does the ECP use the power of transfer and posting” and when did the electoral body approve Dogar's transfer. Read more: CCPO Lahore, DG anti-corruption removed after Elahi takes office The electoral watchdog's lawyer informed the court that the ECP gave oral approval to the caretaker government for the transfer of CCPO Lahore on January 23. He added that the caretaker government decided to change the entire bureaucracy for the transparency of the election. “The authority of the ECP is very wide”, noted the CJP. Justice Bandial also maintained that all political parties should get equal opportunity in elections, adding that the “ECP should not give open powers to the caretaker government for transfers”. CJP expresses displeasure over audio/video leaks During the hearing, Justice Bandial expressed displeasure over recent audio and video leaks related to him. “It is sad to say that baseless and false allegations are made against us in audio and video leaks”, adding that “what is the authenticity of these tapes?” Justice Bandial warned that the apex court is “showing great patience”. He added that at times, the remarks of the top court are misunderstood.  Stating that the judiciary is also being attacked, he maintained that the "judiciary will also be protected”.  The CJP also said that “We are protecting constitutional institutions like the ECP. We also expect that the Constitution will be protected”. In February, the SC suspended the order to transfer Dogar and reinstated him as the Lahore CCPO A month later, in March, the ECP challenged the apex court’s order of suspending the transfer of Lahore CCPO Ghulam Mehmood Dogar. "The ECP is charged with a Constitutional duty of ensuring that the elections are conducted honestly, justly, fairly and in accordance with law and that the corrupt practices are guarded against. It is imperative that to ensure that the constitutional duty as envisaged in Article 218(3) is fulfilled, the machinery assisting the Commission is neutral and non-partisan, and also has no germs of affiliations with a political party." “The incumbent officer has inclinations towards a particular political party and therefore the Commission has reasons to believe that he will not be able to fulfil its constitutional duties if the said officer remains the head of Division during the conduct of provincial assembly elections in Lahore," an application submitted by the ECP through its counsel Sajeel Sheharyar Swati said. The ECP requested the SC to be allowed to implead as a party to the petition and be heard accordingly in the interest of justice.

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