Post-Eid apex court hearing holds vital importance
Pakistan
SC decides to defer hear as govt, PTI set meeting for April 26
ISLAMABAD (Dunya News) – In the wake of a significant meeting between the government and Pakistan Tehreek-e-Insaf (PTI), the Supreme Court of Pakistan (ECP) will resume hearing of a petition seeking to hold simultaneous elections on April 27.
In connection with a consensus on election date, after being told that the incumbent government and the PTI had set a meeting for April 26, the SC decided to defer the hearing.
Earlier, the apex court directed all the political parties to start dialogue from today and refused to take back its order fixing May 14 as date for elections in Punjab.
A three-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan heard the petition seeking elections for national and provincial assemblies simultaneously.
PML-N leader Khawaja Saad Rafique, PPP lawyer Farooq H Naek, JI leader Sirajul Haq, Awami Muslim League chief Sheikh Rashid Ahmed, PTI’s Shah Mahmood Qureshi, Attorney General of Pakistan Mansoor Usman Awan and others were present in the court as they were summoned by the apex court to find common grounds for holding elections in the country. PML-N leader Sardar Ayaz Sadiq represented the Balochistan National Party-Mengal in the case.
The notices were issued during the hearing of pleas filed by the Ministry of Defence and two citizens seeking elections for national and provincial assemblies simultaneously. The apex court however declared the ministry’s petition inadmissible but it issued notices on the pleas filed by the citizens.
At the same time, the bench also affirmed that it could not overturn its decision fixing May 14 as election date for Punjab but hinted that it could show some flexibility if political parties managed to reach the consensus.
Today's hearing
At the outset of the hearing, Attorney General for Pakistan Mansoor Usman Awan told the bench that leadership of most of the political parties are present in the court.
Shah Khawar Advocate, the petitioner’s lawyer, pleaded the bench to hear all political leaders, adding that simultaneous elections in the country would strengthen democracy in the country.
The chief justice thanked the political leaders for appearing before the court, adding: “It is an honour that top leadership of political parties is present in court”. He asked them to resolve the issues in order end tension in the country.
He remarked that court order could cause some complexities, besides calling on the political leaders to find amicable solution to the problems.
The top judge appreciated the efforts made by JI head Sirajuddin to bring the political opponents on the dialogue table. CJP Bandial asked PTI leader Shah Mahmood Qureshi if he supports the court’s proposal.
To which, Mr Qureshi said the PTI respected every word of the top court, adding that the country had to move ahead according to the Constitution. He said: “Our party is standing with you for protection of Constitution”. He said his party was ready for holding talks within limits set by the Constitution.
PPP lawyer Farooq H Naek told court that coalition parties were of the view that the constitutional period of 90 days for holding elections had lapsed. He said that the top court had also extended the date beyond the 90 days twice. “All political parties have already initiated process for holding all elections simultaneously,” he said, adding that party chairman Bilawal Bhutto Zardari met JUI-F chief Maulana Fazlur Rehman to persuade him for dialogue with PTI.
He said all coalition parties will hold political dialogue after Eidul Fitr and then engage in talks with the PTI to end uncertainty. “We will try to create political consensus in dialogue,” he said, adding that elections must be held on same day. He also added that there should not be intervention from any institution in the elections.
PML-N leader Khawaja Saad Rafique told court that the ruling coalition wanted elections for national and provincial assemblies on same day, adding: “We believe in dialogue and not the confrontation. Political leaders should find a solution through dialogues”. He said the ruling coalition was ready for talks with the opposition.
PML-N leader Sardar Ayaz Sadiq represented Balochistan National Party-Mengal in the top court and stressed on unity. He said the BNP-Mengal stood with the government and supported talks with the opposition.
JI leader Sirajul Haq said only constitution can save the country. He also informed the top court about his meetings with Prime Minister Shehbaz Sharif and PTI Chairman Imran Khan. He said election date could be extended as 90-day period has already lapsed.
Mr Haq said when he started efforts for political dialogue he was asked if establishment had given him signal in this regard. He said the judiciary, army and election commission should stay away from politics.
After hearing the political leaders, the top judge directed them to initiate the talks today, adding that there would be bumpy road ahead if the Constitution was violated. He said there should not be stubbornness while holding negotiations. The top judge directed the parties to update the court about any development at 4pm today as the hearing was adjourned till that time. CJP Bandial remarked that any date after harvesting season and Hajj could be suitable for elections.
Wednesday’s Hearing
Supreme Court (SC) on Wednesday again ordered the federal government to release Rs21 billion in supplementary grant to the ECP for polls by April 27.
The three member bench issued a seven-page verdict wherein it was stated that "The Court requires that appropriate remedial measures be taken in full measure not later than 27.04.2023 and, in particular, by that date the sum of Rs21 billion be provided, in immediately available and realizable funds, to the Commission for the holding of the general elections to the Punjab and KP Assemblies."
Regarding the inadmissibility of the Defence Ministry's plea, the bench observed that, "...the Federal Government .. seeks to place on record a report, prepared by the Ministry of Defence, on the security situation in the country at the present time and for the next few months ... the relief sought is for the order dated 04.04.2023, whereby [the plea filed] was finally disposed of, be recalled. It was pointed out to the learned Attorney General that such an application could not be entertained nor relief granted, as [the plea] has been decided by final judgment. [It] is therefore disposed of as not maintainable."
CJP Warns of ‘Dire Consequences’
During the hearing CJP Bandial had remarked that the government’s move to reject its own demand through the National Assembly for provision of funds as supplementary grant to the ECP for polls in Punjab and Khyber Pakhtunkhwa could yield “dire outcomes”.
The top judge remarked that the rejection of grant was against the existence of the assembly, adding: “I hope the government will review its decision”. He remarked that this matter could cause unusual outcomes but the court did not want to jump to consequences.
The chief justice remarked the matter related to elections continued to linger on and questioned, “If the government has given its executive job to parliament or not”. He later directed Attorney General for Pakistan Mansoor Usman Awan to read the report submitted by the Ministry of Finance on funds for elections.
The court was informed that an approval was sought from the government for supplementary grant but it was sent to parliament on the contrary.
The AGP said the standing committee on finance had issued directives to the government in this regard. To which, Justice Akhtar observed that the government held majority in the committee and how it could stop the release of grant. He remarked that the prime minister should hold majority in the assembly, adding that it was also a must for the government in financial matters.
“When the Constitution authorises the government to release funds, how can the National Assembly approve the resolution,” he asked. “Did the government ever fail to get approval for the supplementary government?” he asked.
Justice Akhtar said the finance ministry team repeatedly informed the government about rules for the approval for the supplementary grant as it had also cited the Article 84 of the Constitution. “Do you know the consequences of rejecting of the supplementary budget?” he added.
The AGP said the authority for approval of grant was with parliament, adding that the assembly had given its opinion by adopting a resolution.
At one point, the chief justice said the Election Commission of Pakistan (ECP) had expressed its inability to conduct elections before October this year, adding that the ECP had also pitched the idea of holding polls across the country simultaneously. He remarked that Pakistan had been facing terrorism since 1992 but elections had been held in preceding years.
He said the situation was much disturbed in 2008 due to assassination of former premier Benazir Bhutto in 2007, adding that there was also terrorism in 2013 when the polls were conducted.
“What kind of threat is there that elections cannot be held,” the top judge asked and remarked: “If anyone can give guarantee that situation will be calm in October for elections”.
Justice Ijazul Ahsan also remarked that elections were held in Britain during war.
Referring to the ministry’s petition, CJP Bandial said it had made a weird request of holding elections on same day. He remarked that the petition was inadmissible.
At one point, the attorney general said the government was making attempts to kickstart political dialogue in the country. He said all coalition parties, except one, had thrown their weight behind the talks, adding that Foreign Minister Bilawal Bhutto-Zardari would meet JUI-F chief Maulana Fazlur Rehman today to pursue him for talks.
He said the government and the PTI had formed committees to make ground for dialogue. The issue, he said, could be resolved if the court grant more time.
At which, the CJP endorsed the AGP’s statement and remarked that there was some movement in political system.
“The court can create some space if political parties agree on a point,” the top judge remarked, adding that May 14 – the date announced by the court for elections in Punjab - was approaching. He remarked it was the first time the government had come up with something positive. The top judge later issued notices to all political parties and adjourned the hearing till tomorrow (April 20).
