TERENCE J SIGAMONY

ISLAMABAD: The Supreme Court Monday questioned how Election Commission of Pakistan (ECP) imposed a ban on recruitments in the government sector when the schedule for holding general election 2018 has not been announced yet.

The bench issued notices to the attorney general for Pakistan and advocates general of all provinces to appear before the court today (Tuesday).

A three-judge bench, headed by Chief Justice Mian Saqib Nisar, was hearing a suo motu regarding the ban imposed by the ECP on recruitments against vacant posts in various public departments ahead of general election.

The court directed Secretary ECP Babar Yaqoob Fateh Muhammad, who appeared on notice, to clarify and justify the reasons behind banning recruitments in the government institutions. The Chief Justice asked the secretary to cite the law under which a ban can be imposed on recruitments in government institutions.

He also asked the secretary about the impacts of ECP’s decision on the ongoing appointments of heads of various institutions. The secretary replied that it is the ECP’s responsibility under Election Act 2017 to hold fair, free and transparent elections. He said that the federal government had sought the ECP’s permission for making some appointments.

The Chief Justice remarked that it is good that no recruitment should be made before the elections; however, there must be some explanation behind such a ban. He said no such point has ever been discussed by any concerned.

The Chief Justice said that he had taken suo motu notice to ensure the general election is held on time. He said any delay in conduct of election is not acceptable and would not be allowed on any grounds.

Justice Saqib asked the secretary to brief the court whether such a decision will affect the government’s functions as well as whether the law empowers the ECP to ban recruitments before announcement of election schedule, adding whether such a ban can be imposed before the dissolution of assemblies.

He said that the complaints pertaining to such appointments are filed in the respective high courts. He said that the court will direct the high courts to dispose of such complaints before the conduct of elections.

The ECP on April 11, 2018 had imposed a ban on recruitment of public servants in the federal, provincial and local government institutions. In an order sent to the federal and provincial governments, the ECP had stated that the ban would not affect recruitment through public service commissions. The move aimed at discouraging any pre-poll rigging by using government jobs as incentive.

The ECP had halted implementation of all developmental schemes approved after April 1, 2018. Transfer of funds from one scheme to another was also halted.

The ECP had also banned the transfer of previously allocated development funds to other heads. On April 2, 2018, the ECP had barred public office-holders from using public money to promote themselves ahead of the elections.

The ECP had sent letters to the provincial chief secretaries pointing out that the Commission was busy with preparation for the upcoming election and various stakeholders had reported that several public officeholders, including ministers, members of the national and provincial assemblies and party leaders, were announcing development schemes and fixing inaugural plaques under their names to woo voters ahead of the general election.

Meanwhile, the same bench directed the head of a task force to submit a report on May 15 about the effectiveness of the software prepared by NADRA for casting of vote by overseas Pakistanis in the upcoming general elections.