SC moved against senators seeking election delay

ISLAMABAD/MARDAN: The Supreme Court was requested on Saturday to initiate treason and contempt proceedings against Senate Chairman Sadiq Sanjrani and 12 other senators for collectively adopting a resolution proposing to the Election Commission of Pakistan (ECP) suspension of general elections, scheduled to be held on February 8.

Advocate Ishtiaq Ahmed Mirza filed a petition under Article 184(3) of the Constitution read with Article 204, making the Senate chairman, 12 senators and ECP as respondents.

He prayed the apex court to initiate contempt proceedings against Sanjrani and others who made an attempt to influence the ECP to postpone the elections, which have been mandated by the apex court’s directive under the Dec 15, 2023, order.

He prayed that the resolution passed by respondents be declared illegal, unconstitutional, void ab initio, not maintainable in the eyes of the law and the Constitution and proceedings under Article 6 of the Constitution be initiated against Sanjrani and other senators for contravening the relevant provisions of the Constitution related to the general elections.

He further prayed that the ECP be issued a direction to conduct the general election according to the schedule already issued and it should not be prejudiced by the resolution.

The petitioner submitted that he was also a candidate for NA-57 and PP-18, Rawalpindi. He submitted that on January 5, the respondents collectively adopted a resolution proposing to the ECP to suspend the general elections by contravening the articles of the Constitution of Pakistan and relevant provisions of Election Act 2017 governing the conduct of elections.

“It is regrettable to assert that the resolution inherently signifies malicious intent and hidden motives on the part of respondents aimed at undermining the purported democratic process within the country,” the petitioner contended.

He submitted that actions of the respondents are unequivocally indicative of contempt towards the Supreme Court and render them susceptible to prosecution and trial under Article 204 of the Constitution.

It is pertinent to mention here that on December 15, 2023, a three-member bench of the apex court, headed by Chief Justice Qazi Faez Isa, had suspended the Lahore High Court order that suspended the ECP notification, requesting returning officers from bureaucracy for the general elections.

The court had halted further proceedings of the LHC on the petition filed by Pakistan Tehreek-e-Insaf (PTI) and directed the ECP to issue the schedule for general elections, and the commission issued the schedule for the polls.

The ECP, meanwhile, received the Senate-approved resolution to defer the general elections.

Sources said the ECP is calling a meeting soon to discuss the resolution which cited the deteriorating security situation in the country. It specifically mentioned the attacks on Maulana Fazlur Rehman and Mohsin Dawar, and that security conditions in Khyber Pakhtunkhwa and Balochistan were not viable for holding elections.

After the passage of the resolution in the Senate, the sources said, the ECP has taken a clear-cut stance to hold the polls on Feb 8. The sources said that the ECP is of the view that the resolution would have no impact on the election schedule.

Meanwhile, following the resolution for postponement of elections, Jamaat-e-Islami (JI) Senator Mushtaq Ahmed submitted a counter resolution in the Senate Secretariat calling for elections to be held as per schedule on February 8.

In the fresh resolution, the JI senator also demanded to declare the Friday resolution as unconstitutional and undemocratic.

The JI resolution pointed out that holding timely elections was a constitutional requirement and the caretaker government and ECP’s responsibility.

It stated that the Supreme Court’s decision had also come and the ECP had fixed the date for elections.

The resolution stated that free and fair elections should be held on February 8 and all parties should be provided with a level-playing field.

The submitted resolution stated that that the recently passed resolution should also be considered null and void.

Meanwhile, Senator Dilawar Khan on Saturday said he along with a group of independent senators tabled the resolution seeking postponement of the polls in view of security and harsh weather conditions in a bid to ensure the participation of people in the general elections slated for February 8.

Speaking at the Meet-the-Press programme in the Mardan Press Club, he dispelled the impression that he had moved the resolution at somebody’s else’s behest. “I presented the resolution of my own volition,” he clarified.

The senator said that he had a group of independent senators, including Senator Hidayatullah, Senator Hilal-ur-Rehman, Senator Ahmed Khan, Senator Naseebullah and Kauda Babar.

“We discussed the resolution and presented it to the Senate,” he said, adding that the senator from Gwadar in Balochistan had told him that they cannot conduct the election campaign in the present security situation.

Dilawar Khan added that JUIF head Maulana Fazlur Rahman had also said that they cannot conduct campaigns in their areas due to acts of terrorism. The election campaign could not be conducted in some areas in Khyber Pakhtunkhwa and Balochistan due to snowfall, he went on to add.

Dilawar Khan added that some people said that the quorum was not complete but according to the law, if a member was present and did not raise any objection, he can also state his problem on the floor of the Senate. The senator said that they had requested the chairman of the Senate to approve the resolution, adding that all senators, who were present in the Senate, spoke about the resolution. He added that PPP Senator Bahramand Tangi also spoke in favour of the resolution. Defending his move, he added that if anyone wanted to hold a referendum on this issue, he was ready for it.