ISLAMABAD: Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari said that his party wants an equal level playing field for all political parties and free, fair, and transparent elections in the country.
“The Election Commission of Pakistan (ECP) should fulfil its constitutional responsibility and release the election date and schedule without any further delay. Let us be clear: elections delayed are elections denied,” he said, adding I trust this shall be no further delayed.
The citizens of Pakistan will be allowed to exercise their right to vote and in choosing their leaders that we will be able to go forward.
Bilawal says democracy, elections halted for ‘return of one person’
Our desire is that the ECP announces the election date and schedule on its own instead of another institution giving it the instructions to do so,“ he said while addressing the “50th anniversary celebration of Pakistan’s Constitution”, hosted by the Supreme Court Bar Association.
About the judiciary, he said: “We have witnessed that in interpreting the Constitution in the past, the judiciary has enhanced only its own power and undermined that of other institutions. We value the independence of the judiciary and it is the cardinal principle of a democratic society.
We believe in accountability of all under the same law by the same institutions. Independence of the judiciary should not mean its independence from accountability.“
A reference was filed by over a hundred civil society representatives from all walks of life against a chief justice of Pakistan while he was holding office. The reference was not heard by the Supreme Judicial Council for as long as the chief justice was in office.
When he retired, the reference was returned to the petitioner as having become infructuous. This raises some questions about accountability particularly because the honourable judges are so fond of claiming and proclaiming their fondness for accountability, particularly when it comes to civilian political leaders.“
The PPP chairman said that every prime minister has presented themselves before this institution (the Supreme Court) in one way or the other. He said, “One can then imagine that the honourable judges would be the first to present themselves for accountability before their own accountability institutions.”
He said that there are recent developments that have raised our concerns. He said, the members of the Bar may not agree, but the recent decision on the Practice and Procedure Act has raised the hopes of the Parliament.
He said Asif Zardari went from being the most powerful civilian president in the history of Pakistan, having inherited all the powers from a dictator who had usurped those powers from the Parliament and the prime minister, to the most ceremonial president in the history of Pakistan. He gave his own powers back to the Parliament and the prime minister.
That was a high point in Pakistan’s democratic journey, he said. “In the same manner, the full court bench has given hope that the Parliament’s power, domain to legislate will be protected even if it means that the sitting chief justice is to share his powers as “Master of the Roster” with fellow senior judges, which is an encouraging sign for the future of the judiciary and Pakistan’s democracy.”
He said that the procedure for the appointment of judges also needs to be reviewed. “The present procedure under the president, PM, and the parliament has become all but a rubber stamp.
This does not augur well for the image of our judiciary. Similarly, the contempt law must also be revisited as the dignity of the honourable judges must rest on foundations that are surer and more solid. Respect for judges must be inspired by their judgements and conduct and not by the fear of a contempt law. A great challenge we face in the realm of the rule of law and human rights is the enforced disappearances of citizens with impunity.
The commission on enforced disappearances has unfortunately failed miserably. Not one perpetrator has been persecuted thus far and this is not acceptable. Another great challenge is the manipulation in elections and power transfer. Indeed, manipulated power transfer lies at the root of political instability and the election schedule must be announced immediately and a level playing field be ensured for all political parties.“
Referring to the presidential reference regarding the ‘judicial murder’ of Zulfikar Ali Bhutto, Bilawal said that the reference is pending for almost a decade before the Supreme Court.
He said that there is a fourth way and that is of democracy based on consensus. “We have seen that once we achieve consensus, we are able to progress, of which, the 1973 Constitution and the Charter of Democracy, Restoration of Democracy, NFC Award and even the National Action Plan are an example. It is in the very spirit of consensus democracy, that Pakistan’s democracy will not only survive but thrive.
We will need this consensus within all institutions, including the Parliament, judiciary and all others. We would have to establish this consensus not only within institutions but between them as well. We made efforts to establish the very same consensus.“
The PPP chairman said that the old politics of hyper-partisanship and hyper-polarisation must end within the Parliament, judiciary, society, and the Bar. “If we want to become a just society, then we would have to tolerate a difference of opinion.
We must use the Parliament and judiciary and other such institutions and bodies to forge consensus in order to resolve problems, not as bitter partisan arenas for us to create problems. Let us end the stale politics of the past and embrace a new politics of consensus.“
Bilawal said we are grateful to Asif Ali Zardari, Senator Raza Rabbani and the entire Parliamentary Committee for drafting the 18th Constitutional Amendment.
He said that the 18th Amendment in 2010 closed the doors for the judges to legitimise constitutional abrogation and barred them from taking oath under the PCO and they could no longer, at least in theory, uphold the subversion of the Constitution.
He said that the scope of the punishment for abrogating the Constitution under Article 6 also widened to include those who upheld the abrogation. “It was thought that the doors for the dictators had been closed but a new kind of dictatorship emerged.
Previously, the Parliament was sent home by the executive order of the President that was endorsed by the judiciary. After the 18th Amendment, that was made impossible. But now, the judiciary started sending prime ministers home on its own.“
Copyright Business Recorder, 2023
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