Apex court adjourns election delay case until Nov 2
Pakistan
A three-member bench headed by the CJP heard petitions on delay in elections beyond 90 days
ISLAMABAD (Dunya News) – The Supreme Court on Monday adjourned the election case until Nov 2 after issuing notice to the Election Commission and the federal government in the case.
Chief Justice (CJP) Qazi Faez Isa observed that it was “not possible” to meet the 90-day deadline while hearing miscellaneous petitions on delay in general elections beyond 90 days.
The CJP asked Supreme Court Bar Association President Abid Zuberi whether he wanted elections on fresh census results or according to 2017 census.
The CJP asked the question while hearing miscellaneous petitions on delay in general elections beyond 90 days.
A three-member bench, headed by the CJP and comprising Justice Athar Minallah and Justice Aminuddin Khan, took up the case.
Advocate Zubairi argued the case while PTI lawyer Ali Zafar and petitioner Ibadur Rehman appeared through a video link.
Last week, CJP Isa during hearing of a case related to Pak Arab Refinery's employees had remarked that “difficult cases” would be heard by the top court soon.
The pleas were filed by the Supreme Court Bar Association, the Pakistan Tehreek-e-Insaf (PTI) and others to ensure that polls in the country are held within the stipulated time of 90 days as provided in the 1973 Constitution.
Monday's hearing
As the proceedings began, the CJP asked Advocate Zubairi if a census was a constitutional requirement for general elections. Zuberi replied in the affirmative.
If the 2017 census is not finalised, there will be a difference in the data, CJP Isa said.
“If the current census is not accepted, the elections will be held on the basis of the 2017 census,” Justice Khan said.
“If the current census is annulled, what will be your plea? Will you ask for a census again or ask for elections to be held on the previous one?” asked the CJP.
Advocate Zubairi said that it was not justified to delay the elections on the ground of new census results and demarcation of constituencies afresh.
The CJP said the results of 2017 census were provisional, and not final. If your arguments are accepted, the elections would be delayed further.
Later, the court announced a half-an-hour break in the proceedings.
After the hearing resumed, Justice Minallah observed that those who were responsible for the delay in the census be held responsible and asked Zubairi if he wanted polls in the country.
“Yes, we want that elections be held in the country,” he said.
The CJP stated that the SCBA petition was based on the issue of census. At this, Justice Minallah asked when the 90-day time period would end.
It would complete on November 3, Zubairi replied.
“If we give orders to hold election within 90 days will it be possible?” asked the CJP.
Zubairi conceded that if the top court gives the order even then it will not be possible to hold the elections within 90 days.
The CJP advised him to amend his petition, asking that if the president didn’t give a date, should the court issue a notice to him.
“The president has immunity,” Zubairi replied.
“What can we do against the president? We can issue orders to restore our writ, if anyone is violating the Constitution then Article 6 will be applied,” remarked CJP Isa.
Zubairi reminded him that the Supreme Court had ordered elections be held in Punjab and Khyber Pakhtunkhwa.
The CJP agreed with him but asked him if the matter was not subjudice and advised him that they should file a contempt petition as no one was stopping them.
The CJP then remarked that one of the lawyers had written to the president to give an election date and wondered what happened with the letter.
Advocate Munir Ahmed, who is one of the petitioners in the case, stated that they did not get any response from the president.
“Then you are holding the president responsible for the delay in elections,” remarked CJP Isa.
Justice Minallah stated that the census was a constitutional requirement and a delay in the elections was understandable. He advised the lawyer to restrict his case to the issue of polls in 90 days.
“It is not possible to hold elections within 90 days tell us what is possible,” remarked CJP Isa.
Advocate Anwar Mansoor Khan contended that after President Arif Alvi’s letter, it was the Election Commission of Pakistan’s (ECP) responsibility to give a date for the polls.
However, the CJP said that the president himself was asking for an opinion in the document that he was using in his arguments. He also asked if the court should give a decision based on a tweet.
The CJP then asked Zubairi whose responsibility was to give a date for the polls. Who responded that it was the president’s prerogative?
“You are twisting things again, if the president is responsible then do you want action against the president?” CJP Isa asked Zuberi.
SCBA president then maintained that holding polls within 90 days was a constitutional requirement. But the CJP responded that the counsel was not pointing his fingers at the person responsible for not holding the polls within 90 days.
“If you talk about elections then we can give a decision but if you talk about the interpretation of the constitution then we will have to form a constitutional bench,” said CJP Isa.
He added that the bench had two questions to answer as to who was responsible for announcing the date of the polls and the other was if elections can be held within 90 days.
The CJP then adjourned the hearing till November 2 and in his written order’s given in the court stated that the petitioners are contending that the census was notified as an excuse to delay the elections.
