ISLAMABAD: A day after it agreed to hold general elections in the country on February 8, the electoral watchdog Friday submitted a notification in the top court pertaining to the polls date — which has been “set in stone”.
During Thursday’s hearing, the Election Commission had proposed February 11 as the date for polls but the SC had asked it to approach the president for consultations. On Friday, Attorney General for Pakistan Mansoor Usman Awan submitted the electoral body’s notification in this regard to the three-member bench.
After the AGP read out the ECP notification in the court, the top judge asked if everyone was happy now. He noted that all the respondents have given their approval to the polls date.
Subsequently, the Chief Justice dictated the court order. He noted that in the letter written to the ECP on September 13, President Arif Alvi had advised the electoral watchdog to take guidance on polls from the judiciary.
He was surprised that the president had suggested taking guidance on the matter from the top court despite the fact that, according to the law and Constitution, the court has no role in setting a date for election.
He further said that the president could have taken guidance from Article 186 of the Constitution adding constitutional offices like the ECP and President of Pakistan should follow the Constitution. He observed that Constitution was not an option. He further said that the matter between the ECP and president was “unnecessarily brought to court”.
The chief justice further noted that the court should not adopt the role of institutions, adding that the SC only facilitated the ECP and president in reaching a decision. He said both the president and ECP were responsible for implementing the Constitution.
Without naming the PTI chief, Justice Isa said that by dissolving the National Assembly following the no-confidence vote, Imran Khan created a constitutional crisis.
The CJP also urged the ECP to issue the election schedule after completing the preparations. “God willing, elections will be held on Feb 8,” he added.
He said airing news that creates doubt regarding polls would also be a violation under the Constitution and instructed the AGP to ensure PEMRA takes action against such media houses.
