By Special Correspondent
ISLAMABAD: A three-member bench of the Supreme Court (SC) has resumed the hearing in the defence ministry’s plea to hold general elections across Pakistan on the same day upon completion of the terms of national as well as Sindh and Balochistan assemblies.
The court adjourned the hearing for 15 minutes at the outset of the proceedings on Thursday due to the absence of government representatives, before resuming the proceedings once again after the latter’s arrival in the courtroom.
The leadership of all the political parties, including the Jamaat-e-Islami, are likely to appear before the Supreme Court today (Thursday) to plead their respective point as the apex court, a day earlier, made it clear that it would not backtrack from its order dated April 4 to hold the polls in Punjab on May 14.
On Tuesday, the defence ministry moved the apex court seeking elections across the country on the same date and requested the court to withdraw its order directing that the polls in Punjab should be held on May 14. The ministry added that the armed forces would be able to perform election duties by early October.
The top court on Wednesday again ordered the federal government to release poll funds by 27th as it declared the defence ministry’s plea for holding elections across the country at the same day as inadmissible. The three-member bench comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar will resume the hearing in the petition related to the polls in Punjab today.
The top court had also warned the government of “serious consequences” if it failed to release the funds required for conducting polls in Punjab and Khyber-Pakhtunkhwa while hearing the defence ministry’s plea.
“The learned attorney general was therefore directed to draw the attention of the federal cabinet and the prime minister to the foregoing so that the matter is remedied at the earliest. The court requires that appropriate remedial measures be taken in full measure not later than April 27, 2023, and, in particular, by that date the sum of Rs21 billion be provided, in immediately available and realisable funds, to the commission for the holding of the general elections to the Punjab and KP assemblies,” read the SC order.
The order continued that according to the defence ministry, the results of the elections at one time were better than the elections of 1970 and 1977. “Prima facie, the submission made by the learned counsel appears to have substance because elections are contested in the political arena and these can be best conducted with the feedback and input of all electoral political forces in the country [that] would contest in such elections,” the decision read.
“However, the court considers that the alternative route proposed by the learned counsel cannot operate to negate or erase the date fixed by the court in its judgment dated 04.04.2023 for the holding of general elections to the Punjab Assembly which is in line with the dictates of the Constitution,” it added.
“This is for the reason that political dialogue must not be made a means for avoiding the imperative obligation under Articles 112 and 224 of the Constitution … to hold a general election to a provincial assembly within 90 days of its dissolution,” the order stated.
Keeping the time constraint in view, the court issued notices to respondents No 3 to 12 [political parties] in the defence ministry’s petition as well as to the Jamaat-e-Islami to appear before the court today [Thursday]. The court also issued notice to the Federation of Pakistan, the Election Commission of Pakistan and the Attorney General for Pakistan under Order 27A of the CPC.
The bench warned that disobedience and defiance of the court orders can itself have serious consequences. “The learned attorney general was therefore directed to draw the attention of the federal cabinet and the prime minister to the foregoing so that the matter is remedied at the earliest. The court requires that appropriate remedial measures be taken in full measure not later than April 27, 2023, and, in particular, by that date the sum of Rs21 [billion] be provided, in immediately available and realisable funds, to the commission for the holding of the general elections to the Punjab and K-P assemblies,” the decision stated.
On Tuesday, the top court bench got a briefing from military officials, however, Chief Justice Umar Ata Bandial remarked on Wednesday that the Supreme Court had now given a verdict on the Punjab polls and cannot go back on it and the time is to “move on”.
“A question also arises on the continuation of caretaker governments for more than 90 days,” said CJP Bandial. “If there is consensus on talks, then it will be okay, or else we will order elections for May 14,” remarked the CJP.
