Before Eidul Fitr, the chief justice had taken suo motu notice of the continuous delay in the population count, which was due to be held on 2008.
On Friday, AAG Muhammad Waqar Rana informed the court that he had submitted concise statements on the delay in the census. However, the court replied that it was not interested in the statements.
“Abrogate the Constitution if the government does not like to adhere to it. This is not the first time that the elected government has violated the constitutional provisions,” retorted the irate CJP. “It seems that the Constitution is considered like other books and placed on the shelf as a decorative piece,” he added.
The AAG, however, contended that the Constitution did not prescribe any time-frame for the census. “However, census in the country is held under International Geneva Convention, which says that census should be held after every 10 years,” he said.
Justice Saeed remarked that the federal government was implying that there was no legal obligation to hold a census. “It this is so then don’t hold census for the next 200 years,” he added.
Here, the AAG presented the section 31 of General Statistics (Reorganisation) Act, 2011.
The act said, “The federal government may, from time to time, by notification in the official gazette, declare that a census of population and housing conditions of Pakistan shall be taken by the Bureau during such period as may be specified therein.”
Rana said a census in India was held in 1981 and the next census was conducted in 1998, instead of 1991. He said the Council of Common Interests (CCI) meeting, held on March 25, had agreed that census will be held before the end of this year.
The chief justice, however, asked him to get instructions from the government as to whether it is “interested in holding a census and if it is willing then what will be the timeframe of it.” The hearing of case is adjourned for two weeks.
Published in The Express Tribune, July 16th, 2016.
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