Following last week’s violence, Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday remarked that the federal government looked “helpless” and hinted that the Supreme Court could intervene in the matter.
The Chief Justice made these remarks while presiding over a three-member bench while hearing a review petition on the orders of the Election Commission of Pakistan (ECP) to hold elections in Punjab on May 14.
The same bench of the Supreme Court, comprising Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar, on April 4 declared the ECP’s decision to hold the elections on October 8 instead of April 30 as illegal and ordered the election watchdog to Elections should be held on April 30. May 14.
However, instead of complying with the order, the Election Organizing Authority approached the Supreme Court for a review of its instructions.
Court issues notices to parties
At the commencement of the hearing, the court issued notices to the parties in the case, including the Attorney General of Pakistan and the Advocate Generals of Punjab and Khyber Pakhtunkhwa.
The Chief Justice then asked the parties to file arguments on the admissibility of the plea, inquiring as to how much time the ECP would take to complete its arguments.
Responding to the query, the lawyer of the election body said that it will take two to three days.
After this, PTI’s lawyer Barrister Ali Zafar took to the rostrum and said that “the Constitution has been murdered”. He said that a faction of 10 crore population of the country is deprived of representation.
‘Use of political power worrisome’
Chief Justice Bandial remarked that the time has come for elections in the country.
Referring to the atmosphere outside the court, the top judge said the manner in which political power was being exercised was alarming.
It should be noted that the supporters of Jamiat Ulema Islam (F) entered the premises of the Supreme Court after entering the red zone and protested against the relief of the Supreme Court and the Islamabad High Court. Chairman PTI Imran Khan.
He said that two important things for conducting elections are funds and security.
“Today you have opened the Pandora’s box of jurisdiction of the Supreme Court in the petition,” remarked the top judge, criticizing the ECP for not maintaining the same stand in the main petition.
“Someone else should discuss the jurisdiction of the Supreme Court,” he added. Chief Justice Bandial said the federal government should have approached the court on the issue but did not do so while the electoral body. exercised his right to file a revision petition.
“National institutions and assets were being burnt, look outside, installations are being set on fire,” he lamented, adding that the federal government seemed “helpless” in this regard.
He said that the court will also examine the current unrest in the country.
Meanwhile, PTI’s lawyer Barrister Ali Zafar said that the interim government is illegal under the current circumstances. He said that the orders of the Supreme Court should have been implemented.
Chief Justice Bandial said that patience is needed instead of reaction in case of difficulty. He said that the situation is very tense at the moment, he has seen pictures of people injured by bullets.
Chief Justice remarked that election is a continuation of democracy.
He said that I ask the executive and the opposition to maintain the highest standards of ethics.
Meanwhile, the PTI counsel maintained that everyone is bound to abide by the Constitution.
“People stand between the implementation and violation of the Constitution,” he added.
On this, the Chief Justice referred to the situation outside the Supreme Court and said how to ensure the implementation of the orders in such an environment.
The court could blame the other party only if one party acted ethically.
Barrister Zafar, PTI’s lawyer, took the position that the court had ordered the dialogue and both the members of their negotiation team have been arrested.
He further said that ‘now that the negotiations are over, the matter has come to the implementation of the Constitution’.
On this, Chief Justice Bandial inquired why the parties of the case do not negotiate again. The AGP agreed with the Chief Justice and said that talks should start immediately as sensible voices are coming from both sides.
‘Govt, opposition escalating conflict’: CJP
On this, Chief Justice Bandial remarked that both the opposition and the government are increasing the conflict together.
He said that people’s lives are being lost, institutions are being humiliated.
On this, AGP said that it would have been better if more time was given for negotiations.
The official said there was no need to end the talks on May 2.
The Chief Justice inquired why the negotiations ended suddenly.
In response to the question, Barrister Zafar claimed that no consensus could be reached on the date of the elections.
AGP stopped him and told Zafar not to say like that.
Meanwhile, Zafar claimed that the “so-called” democratic government arrested the former prime minister from the court premises.
To this the AGP replied that Zafar should also see what happened next.
However, the Chief Justice then intervened and asked both parties to resume negotiations.
“Find a solution to the narrative being created by both sides,” he remarked, adding that Zafar was right to say that “the ball is in the government’s court”.
He directed Barrister Zafar to talk to his leadership if the government invites him for talks.
Later, the Chief Justice reprimanded the authorities for not complying with the court orders to hold the elections on the scheduled date.
“According to the constitution, there is a 90-day period [to hold elections], if there was an order to hold elections on May 14, it should have been implemented,” Chief Justice Bandial asked the authorities to satisfy the court about their conduct. He remarked while ordering.
There are “mature political parties” on both sides, the top judge observed while adjourning the hearing till Tuesday (May 23).
The plea
In a 14-page petition, the ECP asked the apex court to review its decision as the judiciary does not have the power to fix the date of elections.
“Such powers exist elsewhere under the Constitution but certainly do not lie in court,” the ECP said, citing various legal positions and reasons behind its statement.
The electoral body accused the Supreme Court of ignoring its constitutional mandate, asserting that it had assumed the role of a public body in giving history. “Thus the court’s intervention is required to correct a mistake which has effectively changed the settled constitutional principle of the country”.
The election controversy
In an effort to ensure elections on the scheduled date, a bench headed by the Chief Justice also directed the State Bank of Pakistan (SBP) on April 14 to allocate and release Rs 21 billion to the ECP from its funds. Ordered.
On April 18, the ECP told the Supreme Court that it has yet to receive the Rs 21 billion required to hold the Punjab Assembly elections on May 14.
Chief Justice Bandial had remarked on April 20 that if all political parties reach a consensus, the Supreme Court can make some room and change the date of elections. Later, the Supreme Court clarified that the talks between the ruling Pakistan Democratic Movement (PDM) and the Pakistan Tehreek-e-Insaf (PTI) were initiated voluntarily to end the political deadlock over the timeframe of the general elections and that The Supreme Court had decided. No instructions have been issued in this regard.
In a three-page judgment in the April 27 proceedings of the Punjab election delay case, the Supreme Court said its April 4 order directing the ECP to hold elections in Punjab on May 14, “without Nothing has changed.”
However, despite several rounds of talks, the two sides could not reach a consensus on the issue and on May 3, the PTI submitted a report to the Supreme Court about the negotiations with the PDM-led government, which The Supreme Court was requested to ensure its implementation. Decision on April 4 to hold Punjab Assembly elections on May 14.
It should be noted that on the instructions of PTI Chairman Imran Khan, the Punjab Assembly was dissolved in January to force the ruling coalition to hold early elections. However, the federal government has consistently maintained that the elections will be held in October or November this year.
The Electoral Authority had postponed the elections in Punjab till October which was challenged by the PTI. In an April 4 order, the Supreme Court declared the ECP’s decision unconstitutional, without legal authority or jurisdiction, prima facie void and of no legal effect.
