ISLAMABAD: The Supreme Court (SC) on Monday adjourned for May 23, the hearing in review petition filed by the Elections Commission of Pakistan (ECP) against the April 4 court order of holding elections in Punjab on May 14.
Chief Justice Umar Ata Bandial also asked the government and Pakistan Tehreek-e-Insaf (PTI) to resume talks again as it issued notices to the provincial governments, advocate generals of Punjab and Khyber-Pakhtunkhwa, and others.
The CJP passed the remark as he led a three-member bench, comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar.
At the outset of the Monday’s hearing, the bench issued notices to the respondents parties in the case, including the attorney general and advocate generals of Punjab and Khyber-Pakhtunkhwa. The Chief Justice then asked the parties to give arguments on the admissibility of the review petition as it inquired how long would it take the ECP to complete its contentions. Responding to the inquiry, ECP lawyer said that he will take two to three days.
After this, PTI’s lawyer Barrister Ali Zafar said, “The Constitution has been murdered”. He said that a large portion of the country’s population comprising 100m has been deprived of representation.
In a bid to ensure elections on the date of May 14, the three-member bench of the apex court had on April 14 ordered the State Bank of Pakistan to allocate and release Rs21bn from the funds held with it to the ECP. On April 18, the ECP, however, informed the court that it had not received Rs21bn required for holding polls to the Punjab Assembly on May 14.
The Chief Justice was hopeful that talks between the government and the PTI could end the deadlock on holding elections in the country.
During the hearing, the Chief Justice observed that the ECP had raised the issue of security and funds previously. “[But] today, the Commission has raised a question mark on the court’s jurisdiction,” he said. He further said that the electoral watchdog had earlier pleaded before the court that it would hold elections once funds were issued. “Now, the commission has opened a Pandora’s box,” he said, questioning whether the Election Commission could raise points which were not raised earlier.
PTI lawyer Barrister Ali Zafar pleaded that the scope of a review petition is limited. “New points can’t be raised in a review petition,” he maintained. He contended that May 14 had already passed and the Constitution had been “murdered”. He said the caretaker governments were “unconstitutional” and called on the top court to enforce its April 4 order. “The order will be implemented once finalised,” the Chief Justice responded.
The CJP then stated that the court wanted to hear the ECP on the maintainability of the petition. Justice Bandial lamented that the manner in which political powers were operating “is not right”. “People are losing their lives… Institutions are facing threats,” he said. “My advice [to parties] is to play a role in bringing about a peaceful environment.”
In an apparent reference to the PDM protesters gathered outside the Supreme Court, Justice Bandial said, “Look at the situation outside the Supreme Court. What is happening outside [Supreme Court], who will implement the Constitution?” He added that people were “scaling the gates” and the federal government was aiding them.
He then asked Attorney General of Pakistan Mansoor Usman Awan why talks were not being held between the government and the opposition party. “You [AGP] should look at the negotiation process again,” CJP said. “Implementation of the Constitution is imperative [but] how can it be implementated in such a situation?” the CJP remarked.
“Attorney general sahib, why can’t you restart talks [with the PTI]?” the Chief Justice asked. However, the PTI’s lawyer interjected and said two members of his party’s negotiating team had been arrested.
Justice Bandial said the Constitution guaranteed political rights. “We don’t want to get into political issues and we don’t want to hear anything on it. We hope that talks will start again and a solution will be reached.”
He called on the Attorney General to “come forward” and inform his “clients” in this regard. “We expect from both sides that the [political] environment will improve,” he said and added, “Ali Zafar is correct in saying that the ball is now in the government’s court”.
The top judge further said that the court understands how fundamental rights were to be implemented. The Attorney General then asked the bench to adjourn the hearing till next week, following which it was adjourned till Tuesday (May 23). The court issued notices to the AGP, and advocate generals of Punjab and KP.
