SC gives another chance to govt, PTI for dialogue on elections in Punjab
Pakistan
Chief justice Umar Ata Bandial-led bench heard plea seeking elections across the country on same day
ISLAMABAD (Dunya News) – The Supreme Court of Pakistan on Thursday adjourned the hearing of a petition seeking elections for national and provincial assemblies simultaneously without any directions, providing another chance to the government and the PTI to hold dialogue over polls.
A three-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, heard the case while the hearing was attended by Attorney General for Pakistan Mansoor Awan, PPP lawyer Farooq H. Naek, PTI’s Shah Mahmood Qureshi, Fawad Chaudhry and others.
Wrapping up Thursday's hearing, the CJP said: “We are not issued any directions or deadline”. He said a reasonable written order of today’s proceedings would be issued.
At the outset of the hearing, the attorney general informed the bench that the first contact between the government and opposition was made on April 19 when it was decided that a meeting would be held on April 26. He said PML-N leaders Ayaz Sadiq and Khawaja Saad Rafique held a meeting with PTI’s Asad Qaiser.
Mr Awan said it was told by the PTI leader that he was not authorised to engage in talks, adding that ruling coalition parties met on Wednesday when two of the parties had raised objections to the dialogue but “we managed to find a way”.
He said Senate Chairman Sadiq Sanjrani had written letters to the government and opposition, seeking four names from both sides to start talks on elections.
When the chief justice asked about attempts made after a meeting with Mr Qaiser, the AGP said he came to know through media that Shah Mahmood Qureshi was authorised to hold dialogue with the government.
“Why they have to contact the Senate chairman?” the CJP questioned. To which, Mr Awan replied the Senate chairman was a symbol of federation as he did not belong to any party.
At one point, the top judge remarked that the government should have taken steps if it was serious in talks, adding: “Court cannot force the government for talks.” The court only wanted implementation of the Constitution in order to resolve the conflicts.
Previous hearing
At the last hearing, the court had asked political parties to hold talks on April 26 and come up with a response by April 27 after giving stakeholders a chance to reach an agreement. Political parties had been asked to decide the matter quickly, since the May 14 date for elections was still in the field and the order was binding on all authorities.
The new cause list was released by the SC registrar on Wednesday. The three-member bench comprises Cheif Justice of Pakistan Umar Ata Bandial, Justice Munib Akhtar and Justice Ijazul Ahsan.
However, it should be noted that Chief Justice Umar Ata Bandial is reportedly unwell and will not hear any other case today. The sudden delisting of the bench resulted in the cancellation of all the cases scheduled for hearing on Wednesday (yesterday).
The delisted bench was supposed to hear 12 important cases. After the delisting of bench number one, the list of cases of bench number two was also cancelled.
The cause list of the bench, comprising Justice Sardar Tariq Masood and Justice Shahid Waheed, was also cancelled. The hearing regarding the elections in Punjab is expected to be a significant one, with many eagerly awaiting the outcome of the case.
The chief justice said the court did not want any explanation but solution to the issued.
The PPP lawyer told the apex court that all coalition parties were agreed to engage in dialogue with the PTI, adding: “Senate is the only institution where all parties have their representation”. He said the Senate chairman was only facilitating the process as it was the political parties which will hold talks. “It is the political issue and let it be resolved by them”.
PTI leader Shah Mahmood Qureshi said the top court had provided an opportunity for developing political consensus after it was insisted by the government. He said the PDM was still divided over talks with the PTI, adding that his party took the order seriously.
He said the PTI was not approached by anyone for talks, adding that the party had picked him, Fawad Chaudhry and Ali Zafar to the dialogue. He said the Senate chief told him over the phone call that he was contacting the PTI on the insistence of Prime Minister Shehbaz Sharif. He called the proposal for forming a Senate committee for dialogue “a delaying tactics”.
Mr Qureshi said the government violated the rules by calling a session of the National Assembly as subjudice matter could not be part of debate in the parliament. He said the PTI was ready for talks if government shows seriousness.
At one point, the chief justice interrupted the PTI leader and remarked what had you said all are political things but “we are here for the case”. “Do you want to say that the PTI was not approached for talks in a serious manner?” the CJP questioned.
At which, the PTI leader said his party was ready for talks with the government.
Mr Naek said the speech made by Shah Mahmood Qureshi could create impediment to consensus. He urged the PTI to give names to the Senate chairman for talks, adding: “We have convinced Fazlur Rehman for talks”.
The top judge remarked that all parties will have to show patience while engaging in talks, adding that the court had just given suggestion for holding dialogue and there was no any order. He said if there was no consensus for the sake of Constitution and national interest then it will continue as it is.
The AGP said efforts will be made to hold a meeting between the Senate committees of the both sides. Lawyer Shah Khawar said the both parties could find a solution to the issue.
PTI lawyer Ali Zafar said dialogues were meaningful when held in an amicable atmosphere, adding that there should be a time period as delaying the process would be fruitless.
The chief justice remarks that negotiations should have been held earlier. He reiterated that top court’s verdict regarding holding of elections in Punjab on May 14 will remain in place. “If both sides fail to final a solution in talks “then our verdict and Constitution are there” for further action.
Plea submitted to prevent caretaker governments
On Wednesday two pleas were submitted to the apex court; one by the PTI seeking restraining orders against caretaker governments in Punjab and Khyber Pakhtunkhwa, while another sought appointment of a caretaker prime minister and the chief election commissioner for transparent polls.
Filed by Tariq A Rahim and Imtiaz Rashid Siddiqui, the PTI's petition asked the court to stop Punjab Caretaker Chief Minister Mohsin Naqvi and KP Caretaker CM Azam Khan from exercising their power. It said that appropriate orders be issued to regulate day to day operations of the two provinces under the supervision of the apex court.
Another petition filed by Zahoor Mehdi Faisal sought the removal of Chief Election Commissioner Sikandar Sultan Raja, PM Shehbaz Sharif, PDM leader Maulana Fazlur Rehman, and President Dr Arif Alvi, calling them “partisans”.
