Khan’s party moves Pakistan’s top court to restore ‘bat’ symbol

Pakistan's former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party has submitted a new review petition to the Supreme Court on Tuesday, seeking to reverse previous rulings that revoked its right to its iconic bat symbol in previous elections.

The petition also raises concerns over alleged bias by former Chief Justice Qazi Faez Isa, claiming partiality in judgments unfavorable to PTI.

The petition, prepared by senior PTI lawyer Hamid Khan, criticizes two top court orders dated January 13 and October 21, which upheld the Election Commission of Pakistan’s (ECP) decision to remove the bat symbol from the party's ballot.

According to the petition, these rulings were influenced by alleged judicial bias, which, PTI argues, infringed on its electoral rights.

“This case is of public importance regarding the enforcement of fundamental rights enshrined in the Constitution,” the petition reads.

It further claims that due to time constraints, PTI’s legal team was unable to fully prepare its arguments during the initial proceedings, resulting in an incomplete presentation of their case.

The petition makes specific allegations against former Chief Justice Isa, asserting that “justice should not only be done but also be seen to be done.”

It argues that biased decisions are void and lack legal standing. PTI contends that past benches, which included Justice Isa, had prejudiced views on PTI's founder, Imran Khan.

The party's request includes a call for a “curative review” based on a precedent from the Mubarak Sani case, which allows for an exceptional third review under circumstances where prior judgments are found to contain fundamental errors.

The new petition names multiple respondents, including the ECP, PTI founder member Akbar S. Babar, and 14 others.

The filing also details PTI’s intra-party elections, conducted on December 2, 2023. The former ruling party asserts that this election process was transparent and publicly documented in the media. It maintained that despite these steps, the ECP rejected PTI’s certification of its intra-party election, resulting in the loss of its bat symbol.

Earlier, the Peshawar High Court had ruled in PTI’s favor, setting aside the ECP’s decision.

However, following an ECP appeal, the Supreme Court reversed that decision in a session that extended late into the night of January 13, leaving PTI ineligible to use the bat symbol for the February 8 general elections.

The petition argues that the apex court’s bench assignments in PTI’s intra-party election cases violated the Supreme Court Practice and Procedure Act 2023.

The party claims the cases involved complex constitutional questions that required more balanced bench composition.

PTI is now asking the Supreme Court to reassess these past rulings, reinstate its electoral symbol, and ensure fair consideration of its arguments regarding intra-party elections. The petition emphasizes that PTI’s curative review seeks to guarantee justice and protect electoral rights in line with constitutional standards.