Undersco-ring the dire need for much-awaited census in the country, the Supreme Court Thursday asked the federation to fulfil its constitutional duty, failing which the court observed that forthcoming general elections would be fraudulent. Resuming the hearing of a suo motu case regarding the delay in population censes, a three-member bench led by Chief Justice Anwar Zaheer Jamali expressed disagreement with the government proposal to conduct the census during next March.
"We do not intend to give any impression that we are against the armed forces responsibility in exercise of census for its credibility...every institution has an important role in good governance hence, this impression should be avoided that for every step the government needs army help," the Chief Justice remarked. Appearing before the court, Additional Attorney General for Pakistan, Waqar Rana tried to convince the court that no constitutional provision bounds the government to conduct census after every 10 years but a convention.
However, the Chief Justice said, "As per my perception it is the constitutional obligation to conduct census in the country which is a foundation of democracy. It is very simple that fair, free and transparent elections are in the interest of the decision-makers instead of those who have vested interests." The Chief Justice questioned that how it would be assured that next year the army would be available for carrying out population census in the country adding that after the census the Election Commission of Pakistan requires at least three years for delimitations.
Waqar Rana submitted a report in pursuance of the court's earlier directives saying that the Statistics Division/Pakistan Bureau of Statistics (PBS) has approached the Defence Division for holding a meeting to review the availability of Armed Forces for Census operation so that a comprehensive plan in respect thereof could be submitted to Council of Common Interests (CCI) and the Supreme Court.
He further said that the matter of census is now in part-II - 9 of the 1973 Constitution and falls within the purview of the Council of Common Interests. It was also informed that the CCI had decided on March 25, 2016 that "efforts should be made to conduct census in 2016 subject to availability of required armed forces personnel in order to ensure transparency and credibility."
He apprised the bench that the CCI further decided that "Statistics Division shall remain engaged with all stakeholders including Ministry of Defence for availability of required armed forces personnel and shall keep the CCI updated." Waqar Rana cited a letter of Chief of the Army Staff Secretariat saying during the last financial year budget was allocated for the census but due to non-availability of armed personals the task has not been fulfilled so far.
Turning down the federal government report in the matter, the Chief Justice examined the letter saying there is nothing which could provide a ground that army has denied to take the task but the government has assumed it refusal of the armed forces to conduct the census.
The bench questioned as to whether population census held only under a specific institution would be considered as credible, adding that the government's report giving timeframe for holding census is just a piece of paper and remarked that now no paperwork would be acceptable and practical measures have to be taken.
He further said that the incumbent and previous governments were responsible for delaying the population census saying if census was not held, no delimitation of constituencies could be conducted and consequently no election could be held. Justice Qazi Faiz Isa, another member of the bench observed that there was no need for army for holding census in 90 percent areas of the country, questioning as to whether army would also be brought in Islamabad for holding census.
Qazi Faiz Isa while addressing Waqar Rana said that the government cannot ensure its constitutional obligation adding that if the government cannot do its work than the whole system would be handed over to army. Justice Isa said the census could be carried out in phases and there was no need to call the army while carrying out census in every area.
Chief Justice Anwar Zaheer Jamali said is there any lawful justification to delay census in the country or any provision of the constitution that census could not be held without the availability of armed forces.
Chief Statistician of the Division Asif Bajwa told the court that census could not be held in piecemeal, it has to be done all over the country at same time, adding that they were exploring the possibility of holding census through different means and for that an international conference of experts was held in Islamabad last month.
The Chief Justice observed that the court cannot close its eyes because census is a major issue, adding that in the second phase we are expecting that in result of the local bodies' election the peoples' representatives shall invoke the jurisdiction of the superior court for financial authority. "We cannot close our eyes - it's a major issue - poor citizen are suffering," the Chief Justice observed. Later, seeking the reply form the federation, the court adjourned the hearing till August 31.
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