CJP says open ballot ordinance seemingly issued over assumptions

ISLAMABAD: Chief Justice of Pakistan (CJP) Gulzar Ahmed remarked on Monday the presidential ordinance for open balloting in the Senate elections had been seemingly issued over speculations, but, he observed, no one could stop the government from issuing ordinances.

The CJP remarked the court would have annulled the presidential ordinance if it was not conditional, adding if the court’s opinion differed from the government’s position, the reference would be abolished. He said the ordinance was subject to judicial opinion.

He made these remarks while hearing the presidential reference seeking the apex court’s opinion on open balloting for the upcoming Senate elections. Five-member larger bench headed by the CJP and including Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi resumed hearing the reference on Monday.

During the proceedings, Advocate Kamran Murtaza, counsel for the Jamiat Ulma-e-Islam-Fazl (JUI-F), said the government issued Elections (Amendment) Ordinance 2021 and did not respect the court proceedings over the matter. Justice Ahmed remarked the ordinance was subject to judicial opinion. It seemed the government issued the ordinance over speculations, he added.

He said no one could stop the government from issuing ordinances and if the court opinion differs from the government’s position, the reference would be abolished. He said the court would have annulled the ordinance on Senate elections if it was not conditional.

The CJP said the petition regarding the ordinance would also be heard along with the presidential reference case. The court also issued notice to the Attorney General on a petition against the presidential ordinance.

Senior politician and lawyer Raza Rabbani argued the issuance of ordinance had created a strange situation. He said the ordinance stated it would come into force immediately and if the opinion of the court differed from the government, what would happen to the ordinance?

Justice Ijaz-ul-Ahsan remarked the ordinance also stated execution would be subject to judicial opinion. He said the ordinance could be challenged in the high court. The ordinance would not affect court proceedings, he added.

The court rejected the request to issue notice under 184/3 on the presidential ordinance and remarked the ordinance would have been declared null and void if it was not conditional.

The Attorney General said it did not look like the Supreme Court would decide the presidential reference before February 11. Justice Ijaz said even under ordinance voting would be secret but the vote could be checked later after filing of application. The Attorney General said the Senate election would be held by secret ballot if there was no court opinion.

He said the opposition had stated in a press conference the judiciary had been attacked. Justice Bandial said he was trying to understand the structure of the Constitution. He said he was trying to find out why the procedure for elections had been kept secret under Article 226. “We have also seen good politicians in our country and we should not weigh all politicians on the same scale,” he added.

He said the nation had the example of the 1985 general election as those elections were held on a non-partisan basis, Mohammad Khan Junejo formed the government and money was used ruthlessly.

The Attorney General said he had already explained that the framers of the Constitution included people like Zulfikar Ali Bhutto, Wali Khan, Mufti Mahmood and Nawabzada Nasrullah. Justice Bandial said people like Akbar Khan Bugti were also among the framers of the Constitution. The Attorney General said the Supreme Court should block the way of those who sell their vote. Later, hearing of the case was adjourned till Tuesday.