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Same Day Elections: The time is to “Move on” Supreme Court cannot go back on its verdict, says CJP Bandial 

Web Desk by Web Desk
April 19, 2023
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The time is to “Move on” Supreme Court cannot go back on its verdict, says CJP Umar ata Bandial 

The time is to “Move on” Supreme Court cannot go back on its verdict, says CJP Umar ata Bandial 

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The Supreme Court (SC) on Wednesday remarked that the Top court had now given a verdict on the Punjab polls and cannot go back on it and the time is to “move on”.

Earlier day Top intelligence officials briefed the apex court on the security situation. A petition was also filed by the defence ministry seeking general elections across Pakistan simultaneously.

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Also Read: ECP informs Supreme Court over not releasing funds for Punjab Polls

A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial, comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar, heard the plea seeking same day elections.

During the hearing, the chief justice remarked that the court was told that an approval would be sought after issuing the supplementary grant. Instead, the matter was sent to parliament.

“Does this happen only for elections, or in normal situations too?” CJP Umar Ata Bandial asked.

AGP Awan informed the judge that the National Assembly had passed a resolution against releasing the funds.

“Are you saying your case is that the government is serious about executing its responsibilities but the parliament has forbidden it?” asked Justice Muneeb Akhtar. He added that the prime minister had to take the majority of the Parliament into confidence for the approval of the funds for the elections.

“If the funds are not provided for the elections, there may be serious consequences,” warned CJP Bandial on this point. He also hoped that the government would respond positively to the provision of funds for the constitutional process.

The CJP then stated that the bench was briefed on the security situation and wondered why the ECP believes that the situation is much worse than in the past..

The CJP further said the election commission maintains polls cannot be held on before October, and seeks polls across the country on the same day.

However, he noted, the ECP’s suggestion raises several questions, adding the commission’s observation is based on lack of security measures. He added that terrorism has infected the country since 1992, while elections were held in 1987, 1991, 2002, 2008, 2013, 2018 and security concerns existed during these elections as well.

CJP Bandial said the security situation was severe in 2008, Benazir Bhutto was assassinated in 2007, while terrorist attacks were rampant in 2013.

He questioned what is the guarantee the situation will improve by 8th October , adding the Defense Ministry also made an assumption, and the government cannot run on assumptions.

The AGP said the armed forces initiated operations according to the time of elections fixed. Justice Akhtar asked why the government was not utilizing its powers under Article 245.

“Can the Defense Ministry request for holding elections across the country the same day?” questioned the CJP, adding the ministry’s application was non-maintainable.

During the hearing, the AGP told the court that except one, all political parties have agreed to negotiate with opposition.

All parties are agreeing to hold talks, AGP Awan said, adding if the court allowed some time, matters could be settled.

“If all the political parties adopt a common stance, the court can make some room,” the chief justice noted.

The top court then issued notices to major political parties for tomorrow (Thursday) and adjourned the proceedings till Thursday, 11:30 am.

Case Overview

Remember that, Supreme Court (SC) on in its ver4th April verdict declares the Election Commission of Pakistan’s (ECP) 22nd March order to postpone Elections in Punjab null and void ordering to hold poll by 14th of May.

A three-member bench heading by Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar — announced the reserved verdict on the PTI’s petition challenging the Election Commission of Pakistan’s order postponing the elections in Punjab and KP.

The Supreme Court declared the ECP’s order postponing the provincial assembly elections until October 8 as “unconstitutional” and ordered the government to release Rs21 billion funds for elections in Punjab by April 10.

The top court also directed to conduct Punjab polls on May 14. The SC further directed the caretaker government in Punjab to assist the commission.

Supreme Court also directed Pak Army to provide security for the upcoming elections and also orders to ECP to hold elections.

However, the National Assembly later passed a resolution rejecting the three-member Supreme Court bench’s verdict on the Punjab polls, stating that it would not provide funds to the ECP for polls.

The electoral watch dog informed the Top court that it had not received the required funds from the ministry after which the three-member bench directed the State bank to release funds “directly”.

Earlier in Federal Meeting The deputy governor SBP Seema Kamil said they have allocated Rs.21 billion for the Punjab elections as per the Supreme Court’s ruling, but the central bank does not has the authority to release the funds directly.

Meanwhile, State Minister for Finance and Revenue Aisha Ghaus Pasha emphasised that the SBP cannot spend money without the permission of the parliament.

“If the National Assembly allows funds can be released [to the ECP],” she said, clarifying that even the Finance Division cannot spend without seeking permission from the cabinet and the lower house.

Intelligence Agencies Brief SC on Security Issues

Top officials of intelligence agencies today met with Chief Justice of Pakistan Umar Ata Bandial and other two other court judges who are hearing a case related to the elections in Punjab on 14th May.

According to sources, ISI and MI chiefs gave a briefing to the judges on the security issues of the country.

Sources further revealed that the meeting between the judges and the security officials continued for over two hours in the CJP’s chamber.


Tags: burj newsElectionsJustice Umar Atta Bandialpdm govermentPML-Npmshahbazsharifsupreme court
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