ISLAMABAD: The Supreme Court asked the Election Commission of Pakistan (ECP) to meet with the President of Pakistan Dr Arif Alvi today (Thursday), and the date for holding of general elections be appointed.
A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Aminuddin Khan and Justice Athar Minallah, on Thursday, heard the petitions of the Supreme Court Bar Association (SCBA) and others seeking directives to the concerned authorities to hold general elections within 90 days as stipulated by the Constitution.
Attorney General for Pakistan (AGP) Usman Mansoor Awan was ordered by the bench to arrange the meeting and provide the President this order (02-11-23) and order of last hearing (23-10-23), and be available to render assistance. “We expect that the matter of appointing a date for holding of general elections shall be settled, and this Court (SC) will be informed tomorrow (Friday),” said the order.
Shajeel Sheryar Swati, counsel ECP, informed that the process of delimitation is underway, which will conclude on 30thNovember, and the publication of the final result of the delimitations will be by December 5. Thereafter, the election programme is to be announced in terms of Section 57(2) of the Election Act, 2017, which provides certain timeframes and will conclude on January 29, 2024.
Shajeel further said that to maximize public participation election should ideally be held on Sunday, and the first Sunday after that timeframe would be February 4, 2024. However, to enable the political parties to convey their respective programmes and manifestoes [to the people] it would be appropriate to hold elections on Sunday, February 11, 2024.
The chief justice said; “Once the date (of elections) has come then consider it is written on the stone.” The Court order is not variable and if anyone violates it then should be aware of consequences, he added. He further said they would bound them (ECP) to hold elections on the date given before the Court, and would not hear any excuse.
He said it is not the job of the Supreme Court to hold elections. Parliament do its own job and the ECP perform its own functions. “We want the institutions to develop and don’t like to do their job.” “We will not do other institutions’ job, and know how to implement our order.” “We should have maximum respect for the institutions, and if we (SC) will interfere in their domain then uncertainty is created.”
Earlier, Shajeel briefed the bench about the election schedule and said the Commission has decided that elections will be held on February 11, which is the second Sunday [after January 29],” he informed the court.
Justice Faez then inquired whether President was taken on board to which Shajeel replied, “We are not bound to take the President on board.”
The CJP irked by the reply said; “I presume President is Pakistani, and I also presume that ECP is Pakistani too then why is the ECP hesitant to consult with the president?” He directed the electoral body to consult with DrAlvi today (Thursday), and get instruction from the Commission within half an hour and took a break regarding meeting with President. After the interval, ECP counsel informed that in order to resolve the issue of holding elections the Commission will approach the President.
At the onset of the proceeding, Barrister Ali Zafar, representing Pakistan Tehreek-e-Insaf (PTI), argued that under Article 48(5) of the constitution appointment of date is the President’s domain, when he dissolves the National Assembly.
Upon that, Justice Athar questioned did the President announce the date? Ali replied he did it, but the Law Ministry said after the amendment in Section 57 of the Election Act the date for holding of elections will be announced by the Commission. He said the National Assembly was dissolved on August 10, 2023, and the date of holding elections in view of 90 days’ constitutional mandate becomes November 7. He said after the dissolution of the Assembly, the President had written a letter to the ECP.
The chief justice questioned whether the President invoked the Advisory Jurisdiction (under Article 186) of the Supreme Court? “We can’t take notice on the letter,” he said. Justice Athar asked Ali Zafar were you saying that the President did not perform his constitutional duty. He further asked whether the President was not required to announce the date on the same day (August 10) when the National Assembly was dissolved.
Ali Zafar contended that if the institutions are not performing their functions then the apex court should issue directions. The chief justice asked him are you seeking a writ from the Supreme Court that the President announce the date. He further questioned whether the Court can issue writ that the President appoints an election date.
Justice Faez said why this court issue direction when the President, who is under the constitutional command, to appoint date. He said if the President is not performing his duty then there are consequences for violating the constitutional mandate under Article 6.
Justice Athar asked the counsel if his client moved the contempt application when the President violated the Court order, and sought its enforcement. Ali Zafar and other counsels said no contempt petition was moved against the President.
Copyright Business Recorder, 2023
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