Situationer: Change of mood in SC

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial-led three-member bench Thursday softened its earlier position on the Punjab election case possibly to avert any furthering of a clash between the institutions- Supreme Court and Parliament.

The bench also ignored provocation over the flexing of muscles by the legislature and gave the politicians a chance to negotiate and settle the issue of the date of the next general elections.

PTI’s Shah Mehmood Qureshi tried to provoke the Chief Justice during the hearing of the case by referring to Wednesday’s tone and tenor adopted by Parliament against the three-member bench of the SC. However, Justice Bandial advised Qureshi to ignore what he termed mere politics. The chief justice was also seen stepping back from SC’s earlier position of dictating the politicians for time-bound dialogue. On Thursday, he said that the court cannot force political parties to enter into dialogue. He also said that the court will neither give any direction regarding dialogue nor set any timeframe for the dialogue process but hoped that the political parties will talk to one another to resolve the issue.

The CJP also suggested Shah Mahmood Qureshi to be patient in matters pertaining to the dialogue process after the PTI leader complained to the Chief Justice that the PTI was not contacted by the PDM as yet for negotiations. “The court provided an opportunity to the political parties for the sake of national interest. [However] PTI has not been contacted [as yet by the PDM government],” said Qureshi. CJP Bandial advised Qureshi to be patient in matters relating to negotiations. During the recent few months, the Chief Justice became the focus of controversies both from within the Supreme Court and outside. His use of suo motu power on Punjab elections, setting up of benches comprising “like-minded” judges to decide political cases in favour of one particular party invited criticism against him not only from many politicians, Parliament and media but also from some of his brother judges in the Supreme Court.

This led to a confrontation between the Supreme Court and parliament, which stood behind the executive and refused to accept the decision of a three-member SC bench headed by CJP Bandial.

The mood of the court was reconciliatory on Thursday. During the hearing of the case, the Chief Justice said that the court will issue an appropriate order, which was still awaited till the filing of this report. The court did not announce the next date of the hearing.

A day before this all-important hearing of the election case in the Supreme Court, the ruling party members in the National Assembly termed the latest decision of the Supreme Court shocking and horrifying and suggested the speaker to refer the same to the privilege committee of the House. It was said that the Supreme Court had breached the privilege of the House by ordering that Parliament’s decisions should not be accepted. “How the apex judiciary can order the prime minister and us to violate the Constitution and not to accept Parliament’s orders,” said Bilawal Bhutto. He added that the latest Supreme Court decision was shocking and horrifying. “They are saying that you should ignore the decision of Parliament and accept the minority verdict of the Supreme Court,” he said.

The same day the National Assembly speaker wrote a letter to the Chief Justice and other judges of the apex court, pointing out that constitutional courts have the power to interpret the Constitution; however, such power does not include rewriting the Constitution or undermining the sovereignty of Parliament. He added that it is not the prerogative of the three-member bench of the Supreme Court to give directions for release of funds while ignoring the constitutional provisions, which the judges have taken oath to preserve, protect and defend. “The National Assembly firmly believes that the power of the purse belongs solely to the National Assembly, comprising directly elected representatives of the people of Pakistan,” read the letter.