Disposing of PML-N Senator Raja Zafarul Haq's petition on Wednesday, the Supreme Court directed the Election Commission of Pakistan (ECP) to hold presidential election on July 30 - instead of August 6. A three-judge bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Sheikh Azmat Saeed said, "Keeping in view the reasons/grounds put forward through the petition and also to ensure that the ECP may discharge its functions amicably, we accordingly direct the ECP to change its schedule for presidential election".
From the outset of hearing, Attorney General for Pakistan (AGP) Munir A Malik and Additional Secretary ECP Sher Afghan told the court that July 24 was the date for filing of nomination papers with the Presiding Officers at Islamabad and with each of the Presiding Officers at Lahore, Karachi, Peshawar and Quetta for the presidential elections. The AGP submitted that there was no Constitutional hurdle towards presidential election if it was held prior to the scheduled date of August 6, 2013.
Sher Afghan apprised the bench that scrutiny date of nomination papers by the Returning Officer at Islamabad would be July 26 and withdrawal date of candidatures would be July 29 up to 12:00noon whereas, publication of the list of validly nominated candidates would be on July 29. Polling to be held on August 06, 2013. Afghan further submitted that the ECP had to complete procedural formalities after publication of a list of validly-nominated candidates. The court directed the ECP to issue revised schedule of the election through which the date for filing of nomination papers was asked to be set as July 24; scrutiny date July 26; date for withdrawal of candidatures July 27; publication of the list date July 27; polling day and polling time for the elections to be scheduled on July 30, 2013 from 10am to 3pm. Raja Zafarul Haq had urged the court to direct the ECP to hold presidential election on July 30 instead of August 06 to make sure it did not fall during the last 10 days of Ramazan.
AFP adds: The court made the order as many of the lawmakers who will elect a replacement for President Asif Ali Zardari will be paying pilgrimages or offering special prayers on August 6 for Ramadan, which ends a few days later. Meanwhile, Pakistan People's Party (PPP) has expressed its serious reservations over Supreme Court's decision of bringing forward presidential election date.
"The judgement of the Supreme Court is unilateral and it announced the decision without giving notice and listening to the views of other concerned parties. PPP campaign will be affected due to one-sided decision of the apex court to hold presidential polling on July 30 instead of August 6. There is no constitutional base of this decision," Senator Raza Rabbani, Aitzaz Ahsan and Opposition Leader Syed Khurshid Shah said at a joint press conference here on Wednesday.
PPP-P President Makhdoom Amin Fahim, President's Spokesperson Senator Farhatullha Babar and others were also present. They said that the party was now seriously considering boycotting Presidential election. They said that they would take a decision in consultation with other opposition parties. Rabbani termed the Supreme Court decision one-sided and said it would adversely affect his right to campaign across Pakistan. He said the Supreme Court rescheduled the presidential election after it listened to only one party. He said he was a presidential candidate, however, he was not served any notice in relation to the petition that had sought a change in the poll date.
"How could I run an election campaign in Karachi, Quetta, Lahore, Peshawar and Islamabad for provincial assemblies as well as parliament within only two days as I belong to middle class and the opposition benches", he asked. He said he also could not go to Karachi, Quetta, Lahore and Peshawar in two days as he had no government machinery to assist him.
Senior leader of PPP and prominent lawyer Aitzaz Ahsan calimed that "the campaign of Raza Rabbani will be affected due to the decision of the apex court. The Pakistan Muslim League-Nawaz (PML-N) has got the decision from the apex court according to its aspirations." "I am not sure that the Supreme Court can give such a wrong decision. The decision creates many doubts. The Supreme Court has given judgement on PML-N's writ petition at the stage of preliminary hearing," he said.
"There is no constitutional base of its decision. Pakistan was established in Holy Month of Ramazan. Quaid-e-Azam had not said that Pakistan could not be established in Ramazan. The implementation of the constitution could not be changed even a situation of war. And election in the country could not be stopped during war," he said. Ahsan said that PPP was contemplating whether or not it should participate in upcoming presidential election after the SC's decision and they would be contacting other opposition parties in that regard. He said if the case of 'Nandipur' was heard in the Supreme court in the tenure of PPP government the Court would have been taken the decision immediately putting the names of accused in the Exist Control List.
He said the schedule of Presidential election could be changed only if the National Assembly had been dissolved. "PML-N, Supreme Court and Election Commission of Pakistan (ECP) have joined hands while the PPP is not get a fair opportunity in this election. The PPP had also lost the May 11 general election due to a conspiracy." Aitzaz said: "the Supreme Court has already dismissed the services of two chiefs of National Accountability Bureau (NAB) on the veto of Chaudhry Nisar Ali Khan. Now we will observe the behaviour of the Apex Court in relation to a question whether it gives similar power to Opposition Leader Syed Khurshid Ahmed Shah."
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