Following last week's violence, Chief Justice of Pakistan (CJP) Umar Ata Bandial remarked on Monday that federal government was looking "helpless" and hinted that the top court may intervene on the matter.
The CJP passed the remark while heading a three-member bench hearing the Election Commission of Pakistan’s (ECP) petition seeking a review of the orders to hold elections in Punjab on May 14.
The same SC bench, comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar alongside the top judge, on April 4 declared the ECP's decision of holding polls on October 8 instead of April 30 “illegal” and ordered the electoral watchdog to hold polls in Punjab on May 14.
However, the election organising authority, instead of complying with the order, moved the top court to review its directives.
At the outset of the hearing, the court issued notices to the respondents in the case, including the attorney general for Pakistan and advocate generals of Punjab and Khyber Pakhtunkhwa.
The CJP then asked the parties to give arguments on the admissibility of the plea, inquiring how long would it take the ECP to complete its contentions.
Responding to the inquiry, electoral body's lawyer said that he will take two to three days.
After this, PTI's lawyer Barrister Ali Zafar walked to the rostrum and said, "the Constitution has been murdered". He said that a faction of the country's population comprising 100 million has been deprived of representation.
CJP Bandial remarked that it was time for holding elections in the country.
"The way political power was being used was worrisome," the top judge said while referring to the environment outside the court.
It may be noted that supporters of the Jamiat Ulema-e-Islam-Fazl (JUI-F) entered the SC's premises after making their way into the Red Zone, to stage the sit-in against the apex court and Islamabad High Court's relief to PTI Chairman Imran Khan.
He said that two important things were funds and security to conduct the elections.
"Today you have opened Pandora's box of Supreme Court's jurisdiction in the petition," the top judge remarked, criticising the ECP for not maintaining the same stance in the main petition.
"Someone else should discuss the jurisdiction of the Supreme Court," he added. CJP Bandial observed that the federal government should have come to court on this matter but they didn't, while the electoral body used its right to file a review petition.
"The national institutions and assets were being burned. Look outside, the installations are being set on fire," he regretted, saying that the federal government seemed “helpless” in this regard.
He said that the court will also look into the current unrest in the country.
Meanwhile, PTI's lawyer Barrister Ali Zafar maintained that the interim government was illegal in current state of affairs. He said that the apex court's orders should have been executed.
CJP Bandial observed that patience was needed in case of hardships instead of a reaction. He said that currently, the situation was extremely tense, adding that he had seen the pictures of people injured by bullets.
"Election is the continuation of democracy," the top judge remarked.
" I ask the executive and the opposition to maintain the highest standard of morality," he said.
Meanwhile, PTI's counsel maintained that everyone was obliged to abide by the Constitution.
"People are standing between implementation and violation of the constitution," he added.
At this, the CJP, while referring to the situation outside the SC, asked how would the implementation of orders be ensured in such an environment.
The court could have blamed the other side only if one side had adhered to ethics.
PTI's lawyer Barrister Zafar contended that the court had ordered to hold a dialogue by both members of his negotiation team had been arrested.
"Now that the negotiations have ended, the matter has come to the implementation of the constitution," he added.
At this, CJP Bandial asked why don't the parties in the case resumed negotiations. The AGP agreed to the CJP saying that the talks must begin immediately as there were sane voices on both sides.
At this, CJP Bandial remarked that the conflict was being escalated by both the opposition and the government.
“People's lives are being lost, institutions are being humiliated,” he added.
At this, the AGP maintained that it would have been better if more time had been given to the negotiations.
“There was no need to end negotiations on May 2,” the official said.
At this, the CJP inquired why did the negotiations ended suddenly.
Responding to the query, Barrister Zafar claimed that consensus couldn’t be reached over the date of polls.
At this, the AGP intercepted and asked Zafar not to say it like this.
Meanwhile, Zafar contended that the “so called” democratic government arrested the former prime minister from a court’s premises.
At this, AGP replied that Zafar should also see what had happened after that.
However, the CJP then intervened and told both sides to resume negotiations.
“Bring a solution to the narrative that is being made by both sides,” he remarked, adding that Zafar was right to say that “the ball is in the government's court”.
He directed Barrister Zafar to speak to his leadership if the government invites them for talks.
Later, CJP censured the authorities for not complying with the judicial orders to hold the polls on the deadline.
"There is a 90 day period [for conducting elections] according to the Constitution. If there was the order for holding polls on May 14 then it should have been implemented," CJP Bandial remarked while ordering the authorities to satisfy the court about their conduct.
There are "mature political parties" on both sides, the top judge observed while adjourning the hearing till Tuesday (May 23).
In the 14-page petition, the ECP had asked the apex court to review its decision as the judiciary “doesn’t have the authority to give the date of elections”.
“Such powers exist elsewhere under the Constitution but certainly not lie in a Court of law,” the ECP had said, citing various legalities and reasons behind its statement.
The electoral body accused the apex court of disregarding its constitutional jurisdiction, emphasising that it assumed upon itself the role of a public body in giving a date; "thus intervention by the court is necessitated to correct an error which has effectively changed the settled constitutional jurisprudence of the country".
In a bid to ensure elections on the prescribed date, the CJP-led bench on April 14 also ordered the State Bank of Pakistan (SBP) to allocate and release Rs21 billion from the funds held with it to the ECP.
On April 18, the ECP informed the top court that it had not yet received Rs21 billion required for holding elections to the Punjab Assembly on May 14.
CJP Bandial, on April 20, had remarked that the apex court could make some room and change the date of elections if all the political parties evolve a consensus. Later, the top court clarified that negotiations between the ruling Pakistan Democratic Movement (PDM) and the Pakistan Tehreek-e-Insaf (PTI) to end the political deadlock on the general election's timeframe were initiated in a volunteer capacity and that the top court did not issue any direction in this regard.
In a three-page verdict of the April 27 proceedings of the Punjab election delay case, the Supreme Court said its April 4 verdict directing the ECP to hold Punjab polls on May 14 “remained unchanged”.
However, despite multiple rounds of negotiations, both sides could not develop a consensus on the matter and on May 3, the PTI submitted a report to the top court on negotiations with the PDM-led government, requesting the apex court to ensure implementation of its April 4 judgement regarding holding elections to the Punjab Assembly on May 14.
It is pertinent to mention here that in line with the directions of PTI Chairman Imran Khan, the Punjab Assembly was dissolved in January to force the ruling coalition to hold snap polls. However, the federal government has consistently maintained that elections will be held in October or November this year.
The electoral authority had postponed the Punjab polls to October, which the PTI had challenged. The Supreme Court, in an April 4 order, declared the ECP’s decision to be unconstitutional, without lawful authority or jurisdiction, void ab-initio and of no legal effect.
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