SC wants adherence to Constitution and solution to polls case: CJP

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial said on Thursday that the Supreme Court (SC) didn't need any clarification but a solution to the matter of elections causing a political crisis in the country.

"The court cannot force [parties] on a dialogue. The court only wants implementation on the Constitution so that the dispute is resolved," the top judge said during the hearing of the election suo motu case.

The apex court had resumed the hearing today to get an update on the progress in the implementation of its orders of talks between the ruling coalition and Pakistan Tehreek-e-Insaf (PTI) for holding polls on the same date.

CJP Bandial remarked during the hearing that the government would have taken a step if it was serious about holding talks.

"The court cannot force [parties] on a dialogue. The court only wants implementation on the Constitution so that the dispute is resolved," the top judge added.

He said that the court didn't need any clarification but a solution to the issue.

At the outset of the hearing, Attorney General of Pakistan Mansoor Usman Awan informed the court that the first contact between the government and the opposition took place on April 19, and they agreed to meet on April 26.

He stated that federal ministers Ayaz Sadiq, Saad Rafique met PTI leader Asad Qaiser, who said that he didn’t not have the authority to hold talks.

The AGP said that the members of the ruling coalition met on Wednesday. Two of the coalition partners had objections to the negotiations, but they found a way out, he added.

Awan informed the court that Senate Chairman Sadiq Sanjrani had written to the government and opposition and sought four names from the Treasury and Opposition benches in the Parliament each.

At this, CJP Bandial inquired what the government did after Qaiser informed them about his inability to hold talks.

The AGP replied that they got to know on Tuesday through the media that PTI Vice Chairman Shah Mahmood Qureshi had the authority to hold talks.

The CJP then asked in what capacity the Senate chairman had been approached. At this, AGP Awan responded that the senate chairman was asked to intervene as his office was a “symbol of the federation”.

Senate chairman neither represents government, nor opposition: CJP

CJP Bandial remarked that Farooq H Naek had on the previous hearing that Senate chairman will facilitate the talks.

“Senate chairman is neither the representative of the government and nor the opposition. If the government is serious about negotiations, it would have taken action itself,” the CJP remarked.

"The court cannot force [parties] on a dialogue. The court only wants implementation on the Constitution so that the dispute is resolved," the top judge added. He said that the court did not need any clarification but a solution to the issue.

On talks in Senate, the CJP stated that it will take time for the chairman to summon a meeting.

At this point, PPP’s lawyer Naek said that all parties in the ruling alliance were willing to negotiate with PTI.

“Senate is the only institution where all parties have a representation,” he added. He added that negotiations were to be done by the committee and political leaders.

“It is a political issue, so political leaders should be allowed to solve the problem. Let politicians decide the future of politics,” said Naik.

No consensus within PDM: Qureshi

Following this, PTI Vice Chairman Shah Mahmood Qureshi came on the rostrum told the court that there was “no consensus” within the Pakistan Democratic Movement (PDM) on talks. He added that his party took the court’s order seriously while the government was “trying to violate the Constitution”.

“The court provided an opportunity to the political parties for the sake of national interest. [However] PTI has not been contacted [as of yet],” said Qureshi.

CJP Bandial then remarked that one has to be patient in the matter of negotiations.

'Fazl convinced for talks with PTI'

Naek then told the bench that PDM chief Maulana Fazlur Rehman has been convinced for talks in the Senate.

“The court has not made an order it’s just an advice. If there is no consensus for the sake of national interest and Constitution then things will remain as they are,” said CJP Bandial. He also wondered why there was delay in proposing names of representatives for talks and asked whether the government had proposed its five names.

“Government’s names will be finalised within three to four hours. If the PTI wants then it can give three names but five [senators] are important,” said Naek.

CJP Bandial then suggested that Naek be included in the talks so he can cool down the temperature. He also remarked that it seems that the government was passing the buck on talks.

While wrapping up the hearing for today, CJP Bandial remarked that the court will not issue any directives nor will it issue a timeline for the talks. However, he added that the court will issue an appropriate order.

The SC had before Eid ul Fitr directed the political parties to hold a dialogue in a bid to reach a consensus on the date of elections in the country, over a plea seeking simultaneous elections. The April 20 hearing was then adjourned till today (April 27) after the key ruling allies — Pakistan Peoples Party (PPP) and Pakistan Muslim League-Nawaz (PML-N) — assured the SC that they would sit with PTI and try to find a solution on the election date.

Despite a thaw in strict stances on both sides, the dialogue hasn't happened yet.

However, the ruling alliance has proposed the formation of a 10-member parliamentary committee with equal representation from both sides for talks on holding elections across the country on the same date, in line with the SC order.

Meanwhile, the PTI also formed a three-member committee for talks with the ruling alliance for elections on the same day.

The development came after a meeting of the ruling allies on Wednesday, where Prime Minister Shehbaz Sharif had said that a parliamentary committee would discuss the terms of talks between the allied parties and the PTI.