ISLAMABAD: A day after being briefed by military officials, Chief Justice of Pakistan Umar Atta Bandial on Wednesday remarked that the Supreme Court has now given its verdict on the Punjab elections and cannot go back on it and it is time to move on. . .
The Chief Justice made these remarks while hearing three petitions to hold elections to all assemblies on the same date. He was heading a three-member bench that also included Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar.
This is the same bench which, while announcing its April 4 verdict, directed the government and the Election Commission of Pakistan (ECP) to hold early elections in Punjab next month.
On Tuesday, the Defense Ministry approached the Supreme Court to hold elections on a single date across the country and requested the court to withdraw its order to hold elections in Punjab on May 14.
However, two more petitions were filed in the Supreme Court today seeking simultaneous elections across the country.
One petition was filed on behalf of citizen Mohammad Arif while the other petition was filed by Advocate Shah Khawar on behalf of Sardar Kashif Khan.
The court then decided to hear the three petitions together.
Today’s hearing
Chief Justice Bandial began today’s hearing by reciting a verse from the Holy Quran and prayed that the bench would give a “correct verdict”.
“The matter is escalating. Has the government given the executive function to the parliament or not?” Chief Justice Bandial asked Attorney General for Pakistan Mansoor Usman Awan. He read the report submitted by the finance ministry to the AGP. Also directed.
Justice Akhtar inquired if the government ever failed to get the approval of the Parliament on the supplementary grant.
The AGP told the bench that the deduction motion was approved in 2013. He then added that in the current scenario, it was time to seek approval for release of funds.
On this, Justice Akhtar told the AGP that the Finance Ministry has repeatedly said that the approval of the supplementary grant is taken later. He further said that the Finance Ministry has referred to Article 84 of the Constitution.
AGP Awan told the judge that the National Assembly has passed a resolution against releasing the funds.
“Are you saying that your case is that the government is serious about fulfilling its responsibilities but the parliament has forbidden it?” Justice Akhtar asked. He further said that the Prime Minister has to take the majority of the Parliament into confidence to approve the funds for the elections.
On this point, Chief Justice Bandial warned that ‘if funds are not provided for the elections, there may be dire consequences’. He also hoped that the government would respond positively to the provision of funds for the constitutional process.
The Chief Justice then said that the bench was briefed on the security situation and wondered why the ECP believed that the situation was worse than in the past.
In the past, elections were held during terrorism. Elections were also held in the year Ms. Benazir Bhutto was martyred,” said Chief Justice Bandial.
On this occasion, Justice Akhtar remarked that the Prime Minister needs the support of the majority of the Assembly.
“Attorney General, please try to understand that the situation is very serious.”
The Chief Justice then told the AGP that he understood the bench’s approach, adding that there was no precedent for referring administrative matters to Parliament before.
Chief Justice Bandial remarked that election expenses are necessary, not trivial.
Who will guarantee that the situation will be peaceful on October 8? Chief Justice Bandial remarked that the defense ministry’s response was not satisfactory.
The Chief Justice also questioned the ECP’s stand on the election and said that it raises several questions.
Chief Justice Bandial remarked that the basis of the Election Commission’s observation is the lack of security, but terrorism has existed since 1992. He further said that elections were held in 1987, 1991, 2002, 2008, 2013 and 2018.
“This time, what is the unique risk that the elections cannot be held?” Chief Justice Bandial asked the question.
AGP Awan told the bench that last time all the security forces performed their duties together, but now there will be separate elections in two provinces.
“The Ministry of Defense has also made a guess. Chief Justice Bandial remarked that the government cannot just go by guesses.
Petition
The ministry’s stance is in line with that of the federal government, which has consistently opposed holding separate general elections in Punjab and Khyber Pakhtunkhwa (KP).
The terms of the National Assembly and the legislatures of two other provinces – Sindh and Balochistan – will end later this year and the federal government wants elections not to be held in May, as directed by the Supreme Court on April 4.
“…the instant petition may be granted, the order dated 04-04-2023 passed in CP No. 5/2023 may be recalled with the direction that the general elections to the National and all Provincial Assemblies be held simultaneously. The ministry’s request states that the completion of the term of the national and other two provincial assemblies namely Sindh and Balochistan.
Background
In an April 4 order, the Supreme Court termed the ECP’s decision to postpone the Punjab Assembly polls to October 8 as “unconstitutional” and fixed May 14 as the date for elections in Punjab.
The order states that “the unconstitutional order passed by the Election Commission of Pakistan on 22.03.2023 is declared to be unconstitutional, without legal authority or jurisdiction, which has no legal effect and is hereby repealed”. “Neither the Constitution nor the law empowers the Commission to extend the date of election beyond the period of 90 days as provided in Article 224(2) of the Constitution.”
But despite the court orders, the government did not budge and passed a resolution in Parliament against the decision, clearly stating that it would not provide funds to the Election Commission.
Following this move by the government, the Supreme Court directed the State Bank of Pakistan (SBP) to release a total of Rs 21 billion to the Election Commission for conducting the elections, but even after the April 17 deadline passed, the Central The bank did not release the funds. .
At a meeting of the National Assembly’s Standing Committee on Finance and Revenue on Monday, State Bank Acting Governor Seema Kamil said the central bank had earmarked funds for the elections – on the order of the Supreme Court – but was not authorized to release them. was
Moreover, in a report filed in the Supreme Court on Tuesday, the ECP said that due to non-provision of funds and security forces to maintain law and order, holding the elections on May 14 is becoming impossible.
The PTI had dissolved both assemblies in January to force the government to hold elections across the board, but the Shehbaz-led administration did not accede to the demand.
Due to deadlock between the two parties, Jamaat-e-Islami proposed negotiations with them and PTI formed a three-member committee to negotiate with the government. However, there is a difference between the ruling coalition on negotiations with the opposition.
