ISLAMABAD: The leaders of the major political parties of the government and Ameer Jamaat-e-Islami (JI) apprised the Supreme Court that elections for all the provincial assemblies and the National Assembly should be held the same day, but Pakistan Tehreek-e-Insaf (PTI) wanted implementation of the SC’s April 4 order.
A three-judge bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Munib Akhtar heard the Civil Miscellaneous Applications of the Defence Ministry, the Finance Division, and the Election Commission of Pakistan (ECP), and the petition of Sadar Kashif Khan for holding of election across the country same day.
Punjab, KP polls: SC summons political parties
In pursuant to the Court’s order (19.04.2023) Khawaja Saad Rafique from Pakistan Muslim League-Nawaz (PML-N), Qamar Zaman Kaira from PPPP; Engineer Sabir Hussain Qaimkhani from MQM(P); Tariq Bashir Cheema from PML(Q); Israrullah Tareen from BAP, Shah Mahmood Qureshi, Vice President, Pakistan Tehreek-e-Insaf (PTI), Sardar Ayaz Sadiq duly instructed on behalf of BNP (Mengal), and Ameer Jamaat-e-Islami Sirajul Haq appeared before the court. They informed the bench of their parties’ position on a political dialogue being held for settling a single date for holding general elections to the National Assembly and four provincial assemblies.
The chief justice cautioned Attorney General for Pakistan Usman Mansoor Awan that they have not recalled their verdict regarding the holding of elections in the Punjab on May 14, adding it is still intact, and could not be ignored.
The CJP said; “There are ways to review the judgment, which could not be examined by filing Civil Miscellaneous Application (CMA).” He asked the attorney general that 30-day time for filing review petition is passing. Justice Munib said that they do not have jurisdiction to go beyond the date fixed for holding election.
The chief justice said: “In negotiation there is no obstinacy and red-line. The parties need to show flexibility as it brings workability in the settlement.”
At the onset of the proceeding, Farooq H Naek, appearing on behalf of Pakistan Peoples’ Party Parliamentarians (PPPP) has appeared and stated that a process for conducting such dialogue has been initiated within the coalition partners of Pakistan Democratic Movement (PDM) and that it is agreed that heads of all political parties shall meet with the opposition parties to arrive at a consensus date for holding the general elections to the said assemblies simultaneously.
Khawaja Saad Rafique endorsed the statement made by Naek. He also expressed the willingness of his party to enter into negotiations with all political parties to arrive at a consensus date for the holding of general elections of the National Assembly and four provincial assemblies simultaneously.
Qamar Zaman Kaira, Sabir Hussain Qaimkhani, Tariq Bashir Cheema, Israrullah Tareen, and Sardar Ayaz Sadiq also addressed the Court and supported the views expressed by Farooq H Naek and Khawaja Saad Rafique.
Shah Mahmood Qureshi assured that notwithstanding the misgivings of his party with the political environment and disposition, his party was willing to move forward within the framework of the Constitution to negotiate on an agreed date for the holding of general elections of the National Assembly and four Provincial Assemblies simultaneously.
However, he emphasised that the process of negotiations should not be open-ended and not be turned into a ploy for delaying elections, which is the apprehension of his party.
He emphasised that such a process should be regulated by a timeframe to ensure that the outcome is accomplished expeditiously, failing which the Court’s decision for general elections for the provincial assembly of Punjab to be held on 14.05.2023 be complied.
Ameer Jamaat-e-Islami stated that dialogue and consultation are not an option in public affairs but a duty as enunciated in the holy Quran. The 1973 Constitution forms the inalienable basis for our political structure through a democratic government for which elections are indispensable.
According to him, the election is not a matter concerning two political parties only but the will of the nation as a whole. The world is changing and Pakistan must resolve its own issues. He has further stated that for a political dialogue, it is essential for all participants to be flexible about their respective positions and the approach of the parties should not be dictated by ego or pride.
He suggested a timeframe under which two important events ought to be accounted for: first, the wheat harvesting season in May and second, the occasion of Hajj. According to him, General Elections could be held immediately thereafter.
In light of the statements, the court hoped that the political parties would agree to an election date sooner rather than later.
The Court was also impressed to note that all political leaders affirmed their fidelity to the Constitution of Pakistan which is supreme and must be adhered to. “We are cognizant that if political dialogue extends to address all grievances, then it is likely to be a lengthy process and the correct forum for that is the political arena and political institutions.” It said; “However, we did not find any reservations to the negotiations being centred solely on a one-point agenda, namely, consensual fixation of a date for the holding of General Elections of the National Assembly and four Provincial Assemblies which is a constitutional and legal question.”
The Court said it is important that such result is accomplished expeditiously in view of its judgment dated 04.04.2023 has already fixed the date of elections to the Punjab Provincial Assembly as 14.05.2023. That judgment holds the field and, therefore, its ruling is binding on all judicial and executive authorities in the country under Article 189 and Article 190 of the Constitution.
The Court proposed that all the political parties hold their first meeting today (Thursday) and adjourned the matter till 4:00 pm. At 4 o’clock, AGP Mansoor along with Farooq H Naek appeared before the bench in Chambers and apprised about deliberations amongst the senior Cabinet members of the Government and their interaction with a senior office bearer of the PTI.
They submitted that a recess is being taken on account of Eid-ul-Fitr holidays because several political leaders and party heads have already left or leaving Islamabad for their hometowns to celebrate Eid-ul-Fitr. However, a meeting has been scheduled among the said leaders on 26.04.2023. The proceedings and progress of which shall be reported to the Court on 27.04.2023.
Copyright Business Recorder, 2023
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