The Chief Justice of Pakistan on Monday hearing the Election Commission of Pakistan’s (ECP) plea asking the top court to revisit its April 4 order of holding elections to the Punjab Assembly on May 14 remarked that political turmoil won’t improve the economy or security.
A three-member bench headed by Chief Justice Umar Ata Bandial comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar heard the case.
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At the outset of the hearing, Attorney General Mansoor Usman Awan told the top judge the President had given assent to the Supreme Court (Review of Judgements and Orders) Bill 2023 and now it had turned into a law.
He added that as per the law, the review could only be heard by a larger bench and raised objections to the three-judge panel hearing the case.
Chief Justice said the court would resume the hearing on a series of petitions challenging the government-appointed judicial commission tasked with investigating audio leaks.
Justice Bandial clarified that the court’s previous order did not declare the commission null and void. It is important to note that the court’s intention is to protect the independence of the judiciary. The top judge expressed his concerns about the reliance on secret meetings to handle important matters.
During the hearing, Justice Bandial remarked on the historical context, stating that it is a coincidence that there is currently only one chief justice. In the past, a judicial commission was formed with the consent of the Chief Justice. He stressed the importance of following a proper procedure when conducting investigations and mentioned the possibility of another judge handling the proceedings.
Justice Bandial commented on the impact of political turmoil on the economy and security, noting that the prevailing political temperature does not contribute to improvement in these areas.
The CJP adjourned the proceedings until Thursday and acknowledged that a new law had been passed, of which the Pakistan Tehreek-e-Insaf (PTI) party would also be made aware.
The Bill
On May 5, Senate passed the Supreme Court Review of Judgments and Orders Bill 2023.
The bill is aimed at facilitating and strengthening the Supreme Court in the exercise of its powers to review its judgments and orders.
How long will democracy be sacrificed by extending polls?
In the last hearing, The CJP asked how long will democracy be sacrificed by extending elections, adding democracy has been sacrificed several times in history and its results have been faced for years. He further said the ECP is now making political statements now.
He further said the Balochistan local government polls were held despite security concerns. He added that if elections are delayed, negative elements exert their force.
“As caretakers of the Constitution, how long will the Supreme Court stay silent?” the CJP asked.
The counsel responded that the May 9 incidents have validated the fears of the election commission.
Justice Ahsan asked if a caretaker government can stay for as long as it wants. The ECP counsel said the duration of a caretaker set-up will be determined as per the circumstances.
Justice Aktar said the election commission told the court that only funds were required for polls, and now it says that the polls are not possible under the rules of the Constitution.
The CJP asked which articles of the Constitution will become ineffective if elections are held simultaneously across the country. If the system was strong, it will probably be possible to hold separate elections, he remarked.
The ECP counsel said separate elections to all assemblies are not possible in the current circumstances. If there is an elected government in Punjab, how the National Assembly polls will be fair, he asked.
The CJP responded that the provincial assembly’s interference can be stopped in the NA elections, adding if the commission is strong and fair, there can be no interference.
This issue can be solved administratively, CJP Bandial remarked.
The CJP said the election commission should not accept the Finance Ministry’s excuses, and seek solid explanations from the government. Yesterday, Rs20 billion were issued for lawmakers’ development schemes.
The ECP is itself inactive, the CJP remarked. It demanded 450,000 security personnel, which is as much as the total army strength.
He also asked the ECP to do its homework and come so that it could be determined what its problem is.
The army offered its quick response force to the election commission, CJP Bandial said, adding it was enough.
