Country has no election commission: AG tells apex court

The Supreme Court was informed on Monday that no Election Commission exists in the country, at present, on which the court showed its indignation and asked for setting up an independent 'election commission' as per 18th constitutional amendment.
A three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, with Justice Muhammad Sair Ali and Justice Ghulam Rabbani as members, was holding hearing on a plea filed by Muabbashir Lukman, a TV journalist, who sought direction of the apex court regarding 'incomplete' election commission. Attorney General for Pakistan Molvi Anwarul Haq confessed before the apex court that 'no independent election commission is working at the moment'.
The CJP remarked that the government had failed to fulfil its legal obligations after the passage of 18th amendment, which clearly calls for constitution of an independent election commission to ensure free, fair and transparent elections in the country. When the bench asked the attorney general why formation of election commission was incomplete despite passage of 18th Amendment bill by the parliament, he said that a group of twelve parliamentarians belonging to different political parties is working on creation of an independent ECP. The names of 24 legislators are under consideration, which will be announced soon, he added.
Justice Chaudhry said that the government is not fulfilling its constitutional obligations regarding formation of election commission for the last one year. The decision of such an incomplete organisation can be challenged in any court of law. "Make sure if the constitution is violated, everybody at the helm of affairs will have to face serious consequences", he remarked.
It is pertinent to mention that Supreme Court had issued notices to the government and attorney general of Pakistan about formation of election commission of Pakistan but so far no reply has been submitted to the court. The bench noted that non-formation of election commission according to constitution falls in the category of violation of basic human rights. Hence its formation is a constitutional obligation.