The Supreme Court of Pakistan on Monday asked the government and the Pakistan Tehreek-e-Insaf (PTI) to conduct free, fair and transparent elections while issuing a notice to the Election Commission of Pakistan (ECP) for dragging its feet on the elections in Punjab. Guarantees sought. transparent elections.
This development came to light today (Monday) during the hearing of a petition regarding the date of general elections in Punjab and Khyber Pakhtunkhwa.
A 5-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial heard the application. The court also issued notices to the governors of two provinces through the chief secretary.
The court only needs assurance from both sides. Elections should be peaceful, transparent and fair. Chief Justice Umar Atta Bandyal said that if the government and PTI want elections, they have to give assurances.
He added that it would be up to the parties to decide what those assurances would be, not the court.
“Parties should judge what is good for the people and what is not. The constitution of Pakistan is not meant only to establish or overthrow governments,” he said, adding that it is more than that.
The Supreme Court judge said that the Constitution was interpreted keeping in view the life and happiness of the people.
“The current situation is alarming. Elections can be held only when conditions are favorable,” he said and insisted that no one can run away from the facts.
The Chief Justice said that the atmosphere of the country has become poisoned due to political intolerance. “The current political situation is terrible. Politicians are at each other’s throats,” he said.
Justice Bandyal asked both the government and the party led by Imran Khan to decide what is best for Pakistan.
While giving its remarks regarding ECP, the Supreme Court said that it is merely an institution. “The Election Commission needs facilitation and support for [the elections].”
Apart from sending notices to all the parties mentioned in PTI’s petition, the Supreme Court has also sent notices to the governors of both the provinces through the chief secretaries.
The Chief Justice remarked that elections are necessary to run the country’s governance system. Election process should be transparent and peaceful. Article 218 emphasizes transparency of elections.
Justice Bandyal also questioned the performance of leaders in the country. “What have our leaders done so far?”
PTI’s lawyer Barrister Ali Zafar said during his arguments that the aim of caretaker government is to hold elections in 90 days. Elections cannot be postponed for five months after the deadline.
Apart from the Chief Justice, the bench included Justice Ejaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Aminuddin Khan and Justice Jamal Khan Mandukhel.
The PTI approached the Supreme Court following the ECP’s decision to postpone the polls in Punjab from April 30 to October 8 after financial and security authorities showed inability to support the electoral process.
In the light of the Supreme Court’s separate verdict last month, President Arif Alvi announced the date of elections in Punjab after consulting the ECP.
Reflecting on this, Justice Ijazul Hasan said that the ECP had first said that it was unable to fix the date for the elections and later postponed the date (given by the President) in stark contrast to its earlier stand. gave
Justice Muneeb Akhtar said that the decision of the Supreme Court has been signed by all five judges. “It is not that there are two judgments of the Supreme Court. Dissenting notes in judgments is not uncommon.”
Meanwhile, the Additional Attorney General of Pakistan requested the court to adjourn the hearing of the case for two to three days. However, the court rejected the request.
Additional Attorney General said that Attorney General Barrister Shahzad Elahi has resigned from the post. He requested the court to adjourn the hearing of the case until the appointment of a new Attorney General.
Responding to which the Chief Justice said that the nominated Attorney General had gone to him earlier today and will meet him by tomorrow.
Justice Bandyal also spoke about the ECP seeking the support of Article 254 to postpone the elections. Can Article 254 be invoked in such situations? He said that Article 254 does not allow violation of the Constitution.
The top judge added that the court is committed to dispose of the case at the earliest.
Addressing the electoral authority, he said that the Election Commission should answer the questions raised in the petition of PTI.
Following the announcement of the ECP, Khyber Pakhtunkhwa Governor Haji Ghulam Ali also urged the electoral body to hold the general elections on the same date (October 8) amid the growing presence of terrorist groups operating from the border areas of Pakistan and Afghanistan. Elections are being held in Punjab due to security threats. .
Hearing
At the beginning of the hearing, PTI’s lawyer Barrister Ali Zafar said that contempt of court has been committed three times.
When was the election schedule released? Chief Justice Bandyal asked the question.
The PTI counsel replied that the schedule was released on March 8. He further said that the Election Commission did not have the authority to give the date of the elections.
Barrister Zafar said that Governor KP failed to give the date of elections in the province despite Supreme Court orders.
He added that the President had given the date of elections on April 30 after consulting the ECP.
Barrister Zafar said that the Supreme Court has ordered the ECP to fix the date of elections as soon as possible after the completion of the 90-day period.
“Fixing the election date much later after the 90-day deadline is also contempt of court,” he said, adding that the ECP had changed or suspended the constitution.
He further said that the Ministry of Interior and Defense refused to provide security personnel.
Zafar said that the constitution does not allow postponement of elections on the basis of non-cooperation of the administration.
“What’s the guarantee that things will be better in October?” he asked,
What do you want from the Supreme Court? Justice Mandukhel asked PTI’s lawyer.
On this, PTI’s lawyer said that the Supreme Court should ensure the implementation of the Constitution and its order.
Justice Mandukhel remarked that it is the job of the High Court to ensure the execution of the orders.
“If the cause of lack of funds is accepted, the elections will never take place,” Zafar said, adding that the matter was not limited to the implementation of court orders.
Barrister Zafar said that one High Court cannot hear the matter of elections in two provinces.
He added that the Supreme Court had exercised its discretion and delivered the verdict which still stands.
The decision of the ECP became an obstacle to the decision of the Supreme Court.
PTI’s lawyer said that only the Supreme Court can decide whether the orders were violated or not. “This is a matter of fundamental rights of the people of Punjab and Khyber Pakhtunkhwa,” he added.
