Election imbroglio - SC issues notices to top offices, pledges to safeguard constitution
Pakistan
Chief Justice of Pakistan Umar Ata Bandial took suo motu notice over delay in polls
ISLAMABAD (Dunya News) – The Supreme Court of Pakistan on Thursday remarked that the violation of the Constitution would not be tolerated, saying elections in Punjab and Khyber Pakthunkhwa should be held on time.
A nine-member bench, headed by Chief Justice Umar Ata Bandial, heard the suo motu case that aimed at determining who had the authority to announce the date for polls. The bench comprises Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, Justice Athar Minallah and Justice Muhammad Ali Mazhar.
The apex court issued notices to the Election Commission of Pakistan (ECP), federal, Punjab and KP governments, members of the Pakistan Democratic Movement, the Supreme Court Bar Association president, the Pakistan Bar Council vice president and others in the case. As no notices can be issued to President Dr Arif Alvi and the two governors under Article 248 that provides them immunity, the apex court has ordered their principal secretaries to contact them to get the point of view on the matter.
At the outset, CJP Bandial said the bench would hear three related cases and determine who was supposed to give the elections' dates. He said it was an important case and should be dealt with in line with the Constitution. The apex court, he said, would not tolerate violation of the constitution. He said the schedule of next week had been put off to give due weightage to this case. He said the judges would listen to the viewpoint of all concerned and salient features would be discussed on Friday.
He said multiple factors led the apex court to take the suo motu notice, adding that the 90-day period for conducting provincial elections was running out. He said the matter was also pending with the Lahore High Court, adding that the high court could be bypassed in case of emergency. The CJP remarked, “We want implementation of the Constitution dictates".
At that point, Barrister Ali Zafar said he wanted to bring some things related to the president’s announcement about the date for elections on the record. The CJP replied Mr Alvi announced the date for elections in the provinces under Section 57 (notification of election programme) of the Elections Act 2017. He said multiple opinions had surfaced about this part of the act and it needed to be interpreted.
Mr Zafar requested the court to take up a relevant petition filed by him. However, CJP Bandial remarked that the court was looking into three different matters. “We have to determine who has the authority to give date for elections after the dissolution of the assemblies”.
At one point during the hearing, the attorney general of Pakistan sought time from the court for preparation in the case. He said it would be difficult to come up with preparation during Friday's hearing if so many notices were issued to people. In reply, the top judge said the court would discuss only essential things, adding that the detailed hearing of the case would be held on Monday next week.
He said the court wanted to wrap up the case as soon as possible and the time given by the Constitution for the election was running out. Saying the court would not tolerate violation of the Constitution, the CJP remarked the time for elections could only be extended if there was a serious situation. He said the situation had changed after the president announced a date for the elections. The top court would see the constitutional points in the case and then implement it, he added.
Meanwhile, Justice Mandokhail raised some reservations regarding the suo motu notice, saying the Punjab and KP speakers had filed their petitions before the apex court’s move. He said the notice was taken on the note of Justice Naqvi and Justice Ahsan who had given it during the hearing of the case pertaining to transfer of Lahore Capital City Police Officer Ghulam Mahmood Dogar.
He highlighted that the chief election commissioner was summoned in the case despite the fact that he was not a respondent.
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President Dr Arif Alvi announced on Monday that elections in Punjab and Khyber Pakhtunkhwa would be held on April 9. The date is being seen as symbolic by many as Imran Khan's government was removed on this very date one year ago.
In a decision under Section 57 (1) of Elections Act 2017, the president asked the Election Commission of Pakistan (ECP) to issue the election programme in accordance with Section 57 (2) of the Act.
In his letter to the chief election commissioner, the president said he was under oath to preserve, protect and defend the Constitution of the Islamic Republic of Pakistan under Article 42 read with third Schedule of the Constitution. He wrote that there being no restraining order from any of the judicial fora, there was no impediment to invoking the power and authority vested in him under Section 57 (1) of Elections Act 2017, empowering him to “announce the date or dates of the general elections after consultation with the Commission”.Sexton out of Italy match, Ryan replaces him as Irish captain
Read also: LHC orders ECP to hold elections in province within 90 days
Earlier, the Lahore High Court (LHC) ordered the Election Commission of Pakistan (ECP) to hold elections in the province in 90 days. Justice Jawad Hassan pronounced the reserved verdict on plea filed by the Pakistan Tehreek-e-Insaf (PTI), seeking orders for the Punjab governor to immediately announce a date for an election in the province.
Justice Jawad Hassan accepted the PTI's petition and asked the electoral body to stage the polls within the constitutional limit. The court remarked that the ECP was bound to conduct the election in 90 days after dissolution of assembly.
The court also instructed the ECP to promptly declare the date for the election of the provincial assembly with the notification that specifies the reasons behind the decision after consulting with the governor of Punjab, who is the province’s constitutional head.
Verdict welcomed
PTI leader and former federal minister Fawad Chaudhry welcomed the “historic” ruling and said it was a victory for the Constitution and the law. “The federal government should sit with us and discuss the national election,” he added.
PTI leader and Senator Faisal Javed also welcomed the judgement, saying the people would make their decisions in the election.
Former Punjab chief minister Chaudhry Parvez Elahi while welcoming the decision said that the ECP should not delay the elections after court ruling.
He said that the decision has raised the prestige of the judiciary, adding that the judiciary maintained the supremacy of the constitution.
PTI secretary general Asad Umar said that Lahore High Court's decision is a success of Pakistan's constitution and democracy.
Former Punjab chief minister Chaudhry Parvez Elahi while welcoming the decision said that the ECP should not delay the elections after court ruling.
He said that the decision has raised the prestige of the judiciary, adding that the judiciary maintained the supremacy of the constitution.
PTI secretary general Asad Umar said that Lahore High Court's decision is a success of Pakistan's constitution and democracy.
On Jan 27, the PTI had approached the LHC, seeking it order the Punjab governor to immediately announce a date of an election in the province since the assembly had been dissolved. The ECP had recommended the elections be held between April 9 and 17.
The petition, filed through PTI General Secretary Asad Umar, stated that more than 10 days had passed since the dissolution of the Punjab Assembly the Punjab governor and the ECP to submit their replies to the court by Feb 10.
At the outset of the hearing, the governor’s lawyer maintained that Mr Rehman was not liable to give a date for elections when an interim cabinet has been formed. He pleaded the court to return the petitions as inadmissible with a fine on the petitioner.
IGP Punjab Usman Anwar and chief secretary also attended the hearing and assured that they would implement the decision of the court.
PTI lawyer Barrister Ali Zafar said President Arif Alvi could give a date for election as the IGP and chief secretary had assured of performing their duties. He said the president could announce the date through a notification.
