Dissolution of bench makes no difference: Imran

PTI chief says Constitution is clear about holding elections within 90 days of dissolution of an assembly

LAHORE:

The Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan has said it does not make any difference to his party whether a five-judge bench hears its plea against the polls supervisory authority’s decision to defer elections in Punjab till October or a full-court as the Constitution is clear about the matter.

“Whether it's a 5-member Supreme Court bench or full bench, it makes no difference to us because all we want to know is if elections will be held within the 90 days' constitutional provision,” the former premier said in a series of tweets on Wednesday.

Whether it's a 5 mbr SC bench or Full Bench, it makes no difference to us bec all we want to know is if elections will be held within the 90 days' constitutional provision. Before we dissolved our 2 Prov assemblies, I consulted our top constitutional lawyers, all of whom were

— Imran Khan (@ImranKhanPTI) March 30, 2023

Imran took to micro-blogging site Twitter after a five-judge Supreme Court bench hearing the PTI’s plea against the Election Commission of Pakistan (ECP) decision to hold elections in Punjab in October instead of April was dissolved after recusal of a judge.

A day earlier—on Wednesday—the National Assembly unanimously passed the Supreme Court (Practice and Procedure), Bill 2023, a piece of legislation that aimed at curbing the top judge’s suo motu powers.

On the same day, a three-judge SC bench had held that all all suo motu proceedings must be postponed until amendments are made in the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice of Pakistan.

Imran said before dissolving the provincial assemblies of Punjab and Khyber Pakhtunkhwa (K-P)–where the PTI was in power--in January this year, he had consulted with top constitutional lawyers, who were absolutely clear that the 90-day Constitutional provision about holding of elections was inviolable.

“Now [the] imported government of crooks, their handlers and a compromised ECP are making a complete mockery of the Constitution.

“By cherry picking which articles of the Constitution they will abide by, they are threatening the very foundation of Pakistan, which is the Constitution and rule of law.

Also read: SC's five-member bench hearing polls delay case dissolved

“So petrified are they of elections and so desperate to whitewash their convicted leaders that they are prepared to destroy the Constitution and any semblance of the rule of law,” Imran wrote.

they are threatening the very foundation of Pakistan, which is the Constitution & Rule of Law. So petrified are they of elections & so desperate to whitewash their convicted ldrs that they are prepared to destroy the Constitution & any semblance of Rule of Law.

— Imran Khan (@ImranKhanPTI) March 30, 2023

Meanwhile, former Punjab chief minister and PTI Central President Chaudhry Parvez Elahi said the government’s bill to clip the wings of the CJP is nothing but an uncouth attempt to give another NRO—reprieve— to former prime minister Nawaz Sharif.

“Nawaz Sharif is a fugitive criminal in the eyes of the Constitution and law. He will go straight to jail whenever he returns,” Elahi said while talking to a delegation at his residence.

An accountability court convicted Nawaz, the supreme leader of the ruling Pakistan Muslim League-Nawaz (PML-N), in December 2018 in Al Azizia reference and sentenced him to seven years in prison.

The former premier was, however, given a rare permission by the PTI led federal government in November 2019 to get treatment abroad in view of a debilitating medical condition. The PML-N leader has not returned to the country since despite repeated court orders.

Interestingly, the Supreme Court (Practice and Procedure), Bill 2023, also allows Nawaz Sharif to file an appeal against the Supreme Court’s 2017 verdict that resulted in his lifetime disqualification.

Talking with reference to the new legislation, Elahi said the parliament is definitely the supreme but the government should know that the Supreme Court is also supreme and the parliament cannot dictate it.

“The entire Pakistan Democratic Movement (PDM), including Prime Minister Shehbaz Sharif, wants to stop the Supreme Court from following the Constitution. The PDM wants to shun elections in Punjab by entangling the Supreme Court in the debate of benches.”

He said according to the Constitution, only the Supreme Court of Pakistan has the authority to interpret the Constitution.

“The PDM government is playing with national security by delaying elections. The Supreme Court has repeatedly declared that malicious legislation has no constitutional status, even if it is passed by the parliament,” he added.