ISLAMABAD: Supreme Court judge Justice Muneeb Akhtar has said that the rights of millions of people were linked to elections in Punjab and Khyber-Pakhtunkhwa.
The three-member Supreme Court bench headed by Chief Justice Umar Ata Bandial adjourned the hearing till tomorrow (Wednesday) on a review petition filed by the Election Commission of Pakistan (ECP) against the Supreme Court’s earlier order for holding elections in Punjab on May 14.
At the outset of the hearing, ECP’s lawyer Sajeel Swati argued that no replies from political parties including the Pakistan Tehreek-e-Insaf (PTI) had been received and an opportunity should be given to review all replies in the instant case.
Chief Justice Umar Ata Bandial said that “if you have to raise any new point at the next hearing, then you can raise any new point, first it has to be told how new grounds can be taken in the review petition.”
“Article 188 pertains to review jurisdiction, apart from the Act of Parliament and the Supreme Court Rules, there is no restriction on review jurisdiction. Parliament has not passed any act to restrict the reviewing powers,” said Election Commission lawyer Sajeel Swati.
The chief justice said that the constitution allows the Supreme Court to review its decisions.
Justice Muneeb Akhtar remarked that the rights of millions of people are linked to elections, and the rights of the people of Punjab and Khyber-Pakhtunkhwa are linked to the elections.
While talking to the Election Commission lawyer, Chief Justice Umar Ata Bandial said, “you have raised interesting points, and the good thing is that the government is taking this matter seriously.”
Pakistan Tehreek-e-Insaf (PTI) submitted its reply to the Supreme Court in the said case.
In its reply, the PTI has said that the Election Commission has raised new points in the review appeal, but new points cannot be raised in the review appeal.
According to the PTI, the ECP wants to give fresh arguments in the review appeal, but the top court set a deadline for the elections in 90 days, the president gave the date of April 30 for the elections, but the Election Commission changed the date of April 30, the Supreme Court declared the decision of the Election Commission null and void and covered the delay of April 30.
In its reply, the PTI has said that the Supreme Court has the power to review the domain of the Election Commission, but the Election Commission wants the Supreme Court to revive the doctrine of necessity, which has been buried and cannot be revived.
In the reply, it has been said that elections in 90 days are a constitutional requirement, article 224 cannot be ignored in the light of Article 218, the constitution gives the power to dissolve the assembly and it has not been written in the constitution that elections will be held simultaneously.
In response, the PTI has said that the Supreme Court cannot amend the constitution at the behest of the Election Commission without looking at the ground realities. This dangerous argument was used to break the constitution in the past and the top court has rejected such an argument in the past.
It may be recalled that the federal government and the caretaker government of Punjab had submitted a reply to the Supreme Court on the review appeal of the Election Commission against the Supreme Court’s order to hold elections in Punjab on May 14.
In its reply, the federal government has said that it is the constitutional responsibility of the Election Commission to conduct free and transparent elections, the Supreme Court itself has made the authority of the Election Commission ineffective by giving a date.
It has been said in the reply that Punjab is the province with the highest number of seats, the victory in Punjab determines who will rule at the center, and elections in Punjab should be held simultaneously with the National Assembly elections.
The federation has requested that the Supreme Court to review its April 4 decision.
The Punjab government has said in its reply that the power to give the date of elections did not rest with the Supreme Court, but it is the domain of other institutions of the state. The constitutional division of powers has been violated by giving the date of elections on May 14, it said.
The caretaker Punjab government has said in response that under Article 218, it is the power of the Election Commission to conduct a free and fair election. In view of the distribution of this power, the Supreme Court did not give the date of K-P election, the election commission has the power to change the election programme.
The reply said the security situation in the province has changed after the May 9 incident. After the arrest of Imran Khan, civil-military property was damaged, and violent protests and demonstrations took place.
In the reply, the Chief Secretary of Punjab said that 162 policemen were injured in the protests and 97 police vehicles were burnt, 554,000 security personnel would be required for the elections in Punjab.
