Headcount delay: SC gives govt two weeks to announce census date

CJP observes Constitution does not require army’s involvement

ISLAMABAD: Chief Justice of Pakistan Anwar Zaheer Jamali on Tuesday observed that there was no constitutional requirement to involve the army in the process of holding population census in the country.

The observation came as the federal government had been sticking to its stance before a three-member SC bench headed by the chief justice himself that the population census in the country was possible only if army personnel were available for escorting the staff conducting the exercise.

During previous hearings in the suo motu case regarding delay in holding the much-delayed constitutional exercise, the Pakistan Bureau of Statistics (PBS) had taken the plea that troops deployment for Operation Zarb-i-Azb and other security-related tasks had made it difficult for the bureau to currently avail services of the armed forces. Therefore, the census was not possible before March/April next year. The chief justice also remarked that “it (the delay) shows the mala fide intent of the ‘beneficiaries of the status quo’: that the census should not be held in the country [under one pretext or the other]”.

“Under which law is it mentioned that the census would be completed throughout the country on the same day?”

Rejecting the government’s stand, the bench then asked Attorney General Ashtar Ausaf Ali to submit a statement mentioning exact date and timeframe for holding the population census in the country within a fortnight.

The chief justice also observed that suo motu notice was initiated in July and added that now it’s October, but despite the passage of more than three months, the federal government had done nothing regarding holding the census.

“It is not only the issue of face-saving of the government alone, but also of the court.”

The attorney general submitted that there was no question of mala fide intention by anyone, adding the issue at hand was the unavailability of logistics that was causing the delay.

“How will the next general elections scheduled for 2018 be held without holding the population census?” the chief justice asked the attorney general, adding: “Does it not affect the smooth functioning of the democratic system?”

“If the government initiates the process [of holding the census] in March next year and completes it in a month, then delimitation of constituencies will be started, and all these steps are time consuming. Later, you will say that now the elections cannot be held.” The chief justice questioned: “Does the government want to maintain the status quo just for the sake of holding elections?” adding, “This is something very serious.”

The bench also observed that the incumbent government has been in power for the last three years but nothing has been done regarding the issue, adding that sometimes, the government inaugurates projects without completing the PC (project completion certificate).

However, the bench remarked that it was not blaming the incumbent government alone because past governments were equally responsible for delaying the census process. The court, while referring to the correspondence of the General Headquarters with the PBS, observed that nothing was mentioned there that pointed out that the troops for holding the population census were not available.

Earlier, the federal government told the apex court that the process of census is likely to be started in March 2017. But, the bench has sought a concrete statement within two weeks regarding the date and timeframe regarding holding the population census in the country.

Published in The Express Tribune, October 19^th, 2016.