IHCBA divided over holding K-P, Punjab polls

ISLAMABAD:

The Islamabad High Court Bar Association (IHCBA) is divided over the filing of a constitutional petition, seeking an order for the Election Commission of Pakistan (ECP) as well as the governors of Punjab and Khyber-Pakhtunkhwa to immediately announce election date(s) for the two provinces.

IHCBA Secretary Saad Ahmad disassociated himself from the move regarding the filing of a petition, saying that no approval was given by the executive body.

The IHCBA secretary took strong exception to a statement issued by IHCBA President Shoaib Shaheen regarding filing of the petition.

"We are taking exception to this press release."

The secretary in a statement stated that the offices of the bar associations, since their inception and throughout their existence, had remained highly motivated towards making a positive change in the society through political process.

"This activism and terms of engagement with the political process comes with self-accountability and the will to remain steadfast in the face of adversities. It does not mean, however, that the offices of bar associations should become aligned to a particular political party and carry forward the manifesto or political objectives of its leadership.

"Since the press release is creating such an impression, we deem it appropriate to dispel the image and reiterate our commitment to remaining committed to the cause of justice and for the welfare of the ordinary citizens of Pakistan, rather than allowing us to be backed and banked by political parties.”

The statement added, "It is also regrettably observed that the press release was issued without seeking consent or taking this office into confidence.

"With this pretext and background in sight, the undersigned office has decided to distance itself from the press release circulated on Feb 9, 2023.”

The IHCBA president filed a petition through Abid Zuberi who is also the president of the Supreme Court Bar Association (SCBA). Both lawyers belong to the Professional Lawyers Group which is known as the Hamid Khan Group. This group is close to the Pakistan Tehreek-e-Insaf (PTI). On the other hand, the Independent Lawyers Group, which is known as the Asma Group, is close to the PDM-led government.

The legal debate has also started on the delay of the elections of the Khyber-Pakhtunkhwa and Punjab assemblies.

Renowned Lawyer Salman Akram Raja said, "to insist that provincial and federal elections be held together is to defy the Constitution."

Advocate Salahuddin Ahmed said that the Constitution did not require federal and provincial elections to be held together.

"To read such a requirement in the Constitution would require judges to make up a new law. Quite like when they made up a law saying defectors' votes need not be counted."

Another lawyer also agreed with them.

However, he stated that holding federal and provincial elections together has been a convention since 1973.

"Till 1993, they used to be held on different dates. Usually, three days apart, but since 1997, they have been held on the same date."

He said that the problem at hand has become more of an economic constraint than a political or constitutional issue.