ISLAMABAD: The Supreme Court has postponed the proceedings regarding a series of petitions seeking general elections within 90 days of the dissolution of assemblies.
Chief Justice of Pakistan Qazi Faez Isa led a three-judge bench, which included Justice Athar Minallah and Justice Aminuddin Khan. The case has been adjourned until November 2, and the court has issued notices to the election commission and the federal government.
During the hearing, petitioner Abid Zuberi was present in person, while PTI lawyer Ali Zafar and petitioner Ibadur Rehman appeared via video link. The petitioners have expressed concerns about the census, delimitation of constituencies, and perceived delays in the election process.
They argue that holding elections within 90 days is a constitutional requirement, which has become challenging due to the census and constituency delimitation. The Chief Justice cautioned against using the court as a platform for political statements and criticized lawyers trying to play political roles.
Justice Minallah suggested holding responsible parties accountable for census delays, and when asked if elections could occur within 90 days if the case were decided immediately, Abid Zuberi expressed doubt. The Chief Justice advised amending the petition accordingly.
Chief Justice Isa also inquired about potential actions against the president for failing to set an election date. The lawyer suggested issuing a court order to uphold constitutional rights, emphasizing that those violating the Constitution could be held accountable under Article 6.
Justice Minallah noted that if a census is a constitutional requirement for elections, some delay may be reasonable. The Chief Justice reprimanded a lawyer for insufficient preparation and extensive TV debates.
Abid Zuberi highlighted the change in authority for election date announcements from the president to the election commission following an amendment to the Elections Act. He criticized the commission for not specifying an election date.
The Chief Justice questioned whether PTI petitioner Omar Ayub Khan endorsed his grandfather’s undemocratic actions when he dissolved the assembly against the 1956 Constitution.
Before this, Abid Zuberi mentioned the Supreme Court Bar Association petition challenging the Council of Common Interests’ August 5 decision. When asked about the delay in fixing the case, Zuberi explained that they had filed it in August but had not requested an early hearing. The Chief Justice expressed that this should have been treated as an urgent matter, and the delay may have been avoided with timely scheduling.
The counsel requested the Election Commission to be ordered to ensure elections within 90 days and nullify the Council of Common Interests’ order regarding census results publication.
Supreme Court Questions Validity of Current Census for Elections
Chief Justice Isa asked if a census was a constitutional requirement, which was affirmed by Abid Zuberi. If the current census results aren’t accepted, elections may be held based on the 2017 census data.
In response to a scenario where the current census is annulled, the Chief Justice questioned whether the petitioners would seek a new census or request elections based on the previous one. The court further discussed the issue of caretaker governments and their constitutional standing, particularly their participation in the Council of Common Interests.
