ISLAMABAD: Chief Justice of Pakistan Umar Atta Bandial on Friday remarked that the Pakistan Democrats Movement-led government was showing interest in politics and not in law, as the Supreme Court reheard the Punjab election delay case.
A three-member bench of the Supreme Court resumed the hearing today after negotiations between the government and the Pakistan Tehreek-e-Insaf (PTI) failed.
A bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial comprising Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar is hearing the PTI’s plea that the Election Commission of Pakistan (ECP) in Punjab in October The order to hold elections was challenged.
Later, another petition was filed by a citizen, Sardar Kashif Khan, naming the federal government, the ECP and major political parties as defendants, seeking to hold elections on the same date across the country. It was demanded.
In the previous hearing held on April 27, a three-member bench of the Supreme Court directed the government and the PTI to hold talks, clarifying that its order of April 4 regarding the Punjab Assembly elections remains intact.
Today’s hearing
At the beginning of the hearing, Attorney General of Pakistan (AGP) Mansoor Usman Awan came to the rostrum and said that the government has submitted its response to the talks with PTI. He then said that Pakistan People’s Party (PPP) lawyer Farooq H Naik would brief the court about the negotiations.
Naik told the court that the federal government has filed a joint petition regarding the date of Punjab elections.
Briefing the court about the talks held in Senate Chairman Sadiq Sanjrani’s office, Naik said the former had played the role of a “facilitator” during the talks.
He said that there have been five rounds of negotiations between the PTI and the ruling coalition.
Naik said that the coalition parties briefed the PTI about the current economic situation in the country and the ongoing talks with the International Monetary Fund (IMF). He added that PTI also agreed on the bad economic situation.
He then said that while the ruling coalition had agreed to dissolve the National Assembly in August, “more time is needed for negotiations.”
In response to which the Chief Justice inquired why the IMF agreement was emphasized in the government’s response.
He said that the matter in the court is constitutional and not political, the court leaves the political matter to the political parties.
Instead, he asked the ruling coalition to explain why approval of the IMF agreement and trade policy was so important in this matter.
In response, Naik said the IMF loan was “necessary for the budget”. He took the position that the budget will not be approved if the assemblies are dissolved.
He said that if the assemblies of Punjab and Khyber Pakhtunkhwa were not dissolved, this crisis would not have arisen.
Naik maintained that the best way to resolve the issue is through understanding.
The Chief Justice then inquired whether the IMF loan would be added to the government’s funds or used to pay off debts.
“That can be answered by the finance minister,” replied Naik.
He then asked Senator Naik: “Has the PTI acknowledged or rejected the importance of the budget?”
The Chief Justice remarked that no one can deny that the Constitution mandates elections within 90 days of the dissolution of the Assembly.
The PPP lawyer agreed and said that there are no two opinions on the matter.
“It is a matter of public importance as well as compliance with the Constitution. The court has decided to hold the elections in 90 days,” said Chief Justice Bandial, who had heard the arguments of both sides on television last night.
However, he warned that if the talks fail, the court will not sit idly by and will ensure that elections are held on May 14 as per the constitution.
We will use the Constitution to ensure that the court’s order is followed, he said, adding that the court is doing its duty.
Naik then said that the court will have to re-examine the issue of holding elections within 90 days.
He said that it is necessary to have caretaker governments for the elections, otherwise no one will recognize the results of the elections.
When the case started on February 23, you started pointing fingers. All these points were not raised at the time? Chief Justice Bandial said. He criticized the government for not taking the constitutional process “seriously”.
Naik replied: “The court did not hear us.”
The Chief Justice replied that when the Supreme Court started the hearing, the government had boycotted.
He said that after the boycott, the Supreme Court also said “goodbye” to the government.
Chief Justice Bandial said the government had never tried to take a decision on the matter before and instead consistently argued whether the application was rejected or accepted.
The Chief Justice expressed his displeasure and said that when Justice Athar Minullah raised the issue of restoring the assemblies, the government was not interested.
“Just look at today’s conversation, nobody is talking about ordinances or law,” said the top judge.
He further condemned the government for failing to file a review petition after the court had initially announced the election date.
Chief Justice Bandial remarked that the government is showing interest in politics and not in law, adding that great sacrifices are being made for the sake of the country.
He said that yesterday we lost six soldiers, this is our great loss, he said that apart from the economic situation, we are also facing an important security problem.
Where will the Constitution go if politicians are left to their own devices? he asked.
‘PTI will accept whatever Supreme Court rules’
PTI’s counsel Barrister Ali Zafar, who was also part of the negotiation team, informed the bench that his party participated in the negotiations with seriousness. He added that both the government and the PTI have expressed their inclination to hold elections on the same day but warned that the government may resort to negotiations to prolong the matter.
Zafar said that everyone has to follow the decision of the Supreme Court. However, he added that he did not agree when he asked the government to inform the court about the dissolution of the National Assembly.
Zafar said that whatever order the Supreme Court gives, we will accept it [but] the decision of the Supreme Court should be implemented.
Supreme Court committed injustices: Saad Rafique
After Zafar, Railway Minister Khawaja Saad Rafique came to the rostrum and told the bench that he was not a lawyer and therefore could not address the court properly but would speak the truth.
“With respect, the Supreme Court has done us injustice since 2017,” the minister said, adding that he did not want a clash with the institutions.
“The constitution mentions holding elections within 90 days but also talks about free and fair elections,” Rafiq warned, adding that elections in Punjab would create more problems.
“We have lost half the country in an election once. Holding elections in one province can be disastrous,” the minister said.
He further said that the elections were delayed after the 1988 floods and the martyrdom of former Prime Minister Benazir Bhutto.
Rafiq also asked the court that the government had filed a review petition in the Article 63-A case.
Chief Justice Bandial replied that ‘we are keeping the petition that the Attorney General has been informed about it’, adding that if the case is dropped, the Supreme Court can look into other matters.
The minister said that if more time is given, a [better] situation can arise. He further said that involving the courts in political matters creates problems.
The minister said that if first Zia, then Musharraf and the recent martial law ended, this time will also pass.
Chief Justice Bandial replied that elections were held during major wars and despite the earthquake in Turkey. He further said that the things being told to the court could have been said in writing.
The budget could be presented in May. It is not necessary that the budget be presented on June 30,” the top judge said.
Court will not interfere in negotiations: CJP Bandial
Going forward, Chief Justice Bandial said that for the sake of the country, this matter has to be ended.
The Pakistan Muslim League-Nawaz (PMLN) leader replied that there is consensus on three points and it will be developed on the fourth point as well.
Rafiq said that the current gap in the ongoing negotiations is not that big.
The government then requested more time for negotiations and urged the court not to issue any directions after the case.
The railway minister added that there was a “break” in talks – not a “breakup”. Chief Justice Bandial said that the court will not interfere in the negotiations and will not give any instructions. However, he said, “Today is Friday. If there is to be a conversation, let’s start it.
After that, he added that if the talks do not take place, the matter will be looked into after a few days.
PM Shehbaz and Imran Khan are ‘busy people’: CJP Bandial
Advocate Shah Khawar – who had filed the petition on behalf of Sardar Kashif Khan – then sought a review from the government, adding that the ECP’s review petition has arrived.
He further suggested that Prime Minister Shahbaz Sharif and PTI chief should be taken on video link.
Advocate Khawar said that after listening to Imran Khan and the Prime Minister, we can find a solution soon.
However, the Chief Justice remarked that both the Prime Minister and Imran are “busy people”.
He said that there are representatives of Imran and Prime Minister Shehbaz here, we only like to listen to those in black coats.
However, he added that it is yet to be seen whether the ECP has the right to seek a review.
Chief Justice Bandial said that the time for reviewing the election decision has passed.
‘People sitting in govt are arrogant’
After Khawar, PTI Vice Chairman Shah Mehmood Qureshi came to the rostrum. He said that the people sitting in the government are arrogant.
He further said that the government committee’s reply was signed only by the finance minister.
The Chief Justice then said that the Attorney General prepared the application at night which we are hearing without giving the number.
He reiterated that the court only wanted to provide “facilitation” to the matter and said that there should be a consensus on the date of the polls on the same day.
Qureshi then asserted that the government is not negotiating with the IMF.
He said that we are aware of the financial difficulties but the agreement with the IMF is stalled, adding that the country is currently suffering from a political crisis.
The Chief Justice then asked him whether PTI wanted talks or not.
The PTI leader replied that ‘Tehrik-e-Insaaf has withdrawn from the talks.
The Supreme Court bench then concluded the hearing, with the chief justice saying the court would issue an “appropriate order”.
Senator Naik then requested the court to dispose of the petition today, and requested that the May 14 verdict be delivered later.
However, Chief Justice Bandial replied: “If the court disposes of the case, the real purpose of the case will not be achieved.”
Naik then proposed that the case be dropped on the basis that both parties agreed to hold the election on the same date.
The Chief Justice then said: ‘The matter has been left to the political process.
This problem will be solved, said Senator Naik. However, the Chief Justice responded by saying: “You only make promises.
This point could have been given in writing that Punjab is a big province and smaller provinces will be affected by its elections.
Talks between government and PTI
The talks – which took place in five formal and informal rounds – were aimed at reaching a consensus on the election date. However, despite agreeing to hold elections on the same date, the negotiating parties failed to reach a consensus on the date and submitted separate reports to the Supreme Court.
On Wednesday, the Imran Khan-led PTI submitted its report to the Supreme Court on its negotiations with the Pakistan Democratic Movement-led government, including its April 4 decision on holding the Punjab Assembly elections on May 14. A request was made to ensure the implementation of the decision.
In the report, the PTI – the main opposition party – apprised the court of progress on the talks, saying it held three rounds of talks with a team from the ruling PDM, an alliance of 13 political parties, which As promised at the highest level. The court in the Punjab election delay case…
Earlier today, Finance Minister Ishaq Dar also informed the Supreme Court that the ruling coalition believes that political issues can best be resolved through dialogue and that it is in the “larger national interest” to resume it. is ready.
The government gave this assurance in its four-page statement submitted to the court today. Dar submitted a statement on behalf of the government.
