Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday orders the government and Pakistan Tehreek-e-Insaf (PTI) to resume talks again over the Elections Matter.
The Top Court’s CJP passed the remark while heading a three-member bench, comprising Justice Ijaz ul Ahsan and Justice Munib Akhtar. The bench was hearing the Election Commission of Pakistan’s (ECP) plea to revisit the 4 April order that had made it liable on the electoral body to hold elections in Punjab on 14 May.
Also Read: Holding Election with in 90 Days is the Constitutional Duty, says CJP Umar ata Bandial
On 4th April, the same bench ruled the ECP’s decision to hold elections in Punjab on October 8 instead of April 30 was “illegal”, ordering the electoral watchdog to hold polls in Punjab on 14 May.
However, the electoral authority, instead of complying with the order, moved the top court to review its directives.
Today’s Hearing
In today’s hearing, the court issued notices to the respondents in the case, including political parties, the attorney general for Pakistan (AGP) and advocate generals of Punjab and Khyber Pakhtunkhwa.
The CJP then asked the parties to give arguments on the admissibility of the plea, inquiring how long would it take the ECP to complete its contentions.
Responding to the inquiry, electoral body’s lawyer said that he will take two to three days.
After this, PTI’s lawyer Barrister Ali Zafar walked to the rostrum and said, “the Constitution has been murdered”. He said that a faction of the country’s population comprising 100 million has been deprived of representation.
CJP Bandial remarked that it was time for holding elections in the country.
“The way political power was being used was worrisome,” the top judge said while referring to the environment outside the court.
It may be noted that supporters of the Jamiat Ulema-e-Islam-Fazl (JUI-F) entered the SC’s premises after making their way into the Red Zone, to stage the sit-in against the apex court and Islamabad High Court’s relief to PTI Chairman Imran Khan.
He said that two important things were funds and security to conduct the elections.
“Today you have opened Pandora’s box of Supreme Court’s jurisdiction in the petition,” the top judge remarked, criticising the ECP for not maintaining the same stance in the main petition.
“Someone else should discuss the jurisdiction of the Supreme Court,” he added. CJP Bandial observed that the federal government should have come to court on this matter but they didn’t, while the electoral body used its right to file a review petition.
“The national institutions and assets were being burned. Look outside, the installations are being set on fire,” he regretted, saying that the federal government seemed “helpless” in this regard.
He said that the court will also look into the current unrest in the country.
Furthermore, the CJP announced that notices would be issued to the provincial governments to present their respective positions on the matter, along with representatives from other political parties involved.
During the proceedings, the CJP emphasized the government’s order as being final, indicating the importance of the decision at hand.
CJP further remarked while ordering the authorities to satisfy the court about their conduct “There is a 90-day period [for conducting elections] according to the Constitution. If there was the order for holding polls on May 14 then it should have been implemented.”
SC urges to Hold Talks
CJP Bandial remarked that the conflict was being escalated by both the opposition and the government.
“People’s lives are being lost, institutions are being humiliated,” he added.
At this, the AGP maintained that it would have been better if more time had been given to the negotiations.
“There was no need to end negotiations on May 2,” the official said.
At this, the CJP inquired why did the negotiations ended suddenly.
Countering the claims, the AGP asserted that the government had taken the matter of negotiations seriously and alleged that it was the PTI who had put an end to the talks.
Justice Bandial, emphasizing the importance of political rights guaranteed by the Constitution, clarified the court’s position, stating, “We don’t want to delve into political matters or hear anything. We hope that negotiations will start afresh and a solution will be reached.”
Calling on the AGP to step forward and inform his “clients” accordingly, Justice Bandial expressed expectations for an improved political environment from both parties involved.
Meanwhile, the PTI’s lawyer contended that the arrest of the PTI chief had been a result of directives issued by a “so-called” democratic movement. However, the AGP pointed out the subsequent violent protests that followed Imran’s arrest.
“The court has declared Imran’s arrest to be lawful,” the AGP emphasized, providing a pertinent legal perspective on the matter.
As the court proceedings continue, the emphasis remains on the urgent need for negotiations and a resolution that prioritizes the well-being of the people.
There are “mature political parties” on both sides, the top judge observed while adjourning the hearing till Tuesday (23 May).
The Plea
In the 14-page petition, the ECP had asked the apex court to review its decision as the judiciary “doesn’t have the authority to give the date of elections”.
“Such powers exist elsewhere under the Constitution but certainly not lie in a Court of law,” the ECP had said, citing various legalities and reasons behind its statement.
The electoral body reiterated that the appointing of the date for the election is “not the mandate of superior courts under the Constitution.”
The ECP emphasized that the Supreme Court’s intervention was necessitated to correct an error that had effectively changed the settled constitutional jurisprudence of the country. The electoral body accused the apex court of overstepping its boundaries and assuming powers that do not lie in a court of law.
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.
