The Pakistan Muslim League-Nawaz (PML-N) led federal government is likely to place a summary about executing the apex court’s April 4 verdict with regard to elections for the Punjab Assembly before parliament whose joint session will be held at 4pm today (Monday).
However, before the parliament’s session, another federal cabinet meeting is likely to be held at 10am to review the government’s position on the issue and to approve the summary, according to some federal ministers.
On Sunday, Prime Minister Shehbaz Sharif met his cabinet in Punjab’s provincial capital to discuss the controversy with regard to the apex court’s March 1 order and to review whether the Supreme Court threw out the suo motu case with regard to delay in announcement of polls in Punjab and Khyber Pakhtunkhwa (K-P) by a vote of 4 to 3 or accepted it by a vote of 3 to 2, said a statement.
“[The cabinet also] discussed in detail the decision of the four honorable judges,” it added.
The cabinet deliberated on the resolution passed by the National Assembly on April 6 to assess its legal worth. In the resolution, the lower house of parliament had asked the prime minister and his cabinet not to implement the SC’s April 4 order for holding elections in Punjab on May 14.
According to the statement, Federal Minister for Law Senator Azam Nazir Tarar briefed the meeting on various constitutional and legal issues and answered the questions of the cabinet members.
After carefully reviewing all aspects and detailed consultation, the cabinet unanimously directed the Ministry of Finance to prepare a summary in consultation with the Ministry of Law in accordance with the procedure and regulations to get guidance from the parliament in this matter.
This summary will be presented before the cabinet today. The meeting will also decide the government’s future strategy.
Talking to The Express Tribune, Information Minister Marriyum Aurangzeb said that the finance ministry will present the summary in order to brief the government on the execution of all the court orders, adding that since there is more than one order in the field, every order will have financial ramifications.
When asked if the government – in case the SC’s April 4 decision is not executed using the parliament as a shield – was prepared for contempt of court proceedings, the information minister asked how could the government commit contempt of court when there are two contradictory SC orders.
She said the summary being prepared by the law minister and the finance ministry will be first placed before the cabinet for approval and later presented in parliament.
When asked what approval the government wants to seek from the parliament as in the absence of any real opposition it can take any decision, she said that parliament’s collective wisdom will dictate their decisions.
Marriyum, however, clarified that no agenda had been issued for Monday’s cabinet meeting.
Talking to The Express Tribune, State Minister Hashim Notezai said the issue of releasing funds to the Election Commission of Pakistan (ECP) to hold elections in Punjab and the K-P provinces will be placed before the parliament for review.
“The parliament is the supreme institution and has the legal right to weigh in on the issue. The parliament will also be informed about the economic situation of the country; so that it may take an informed decision on the matter.”
When asked if the government had decided to deny funds to the ECP, he said: “It will be decided in parliament tomorrow.”
Talking with reference to the cabinet meeting, he said the cabinet also reviewed the discussions held at the recent National Security Committee (NSC) meeting.
The NSC on April 7 decided to launch a comprehensive operation against terrorists, as the country’s civil and military leadership virtually issued a charge-sheet against the previous government and the establishment for allowing militants to regroup.
Discussion with some federal ministers revealed that the government will present its case before parliament in order to delay elections in Punjab most likely by not releasing funds to the ECP as per the Supreme Court orders.
A federal minister, who belongs to an allied party, said it seemed that the government wanted to have the parliament’s stamp of approval on its decision to delay polls in Punjab and the K-P.
When asked if the government had decided to commit contempt of court, he said: “Not necessarily. The government will try to find a way out of contempt of court and to remain on the right side of law.”
Talking to media after the cabinet meeting, Special Assistant to the PM Malik Muhammad Ahmad Khan referred to the SC’s March 1 order and said there are two verdicts of the SC on the same issue.
“So what is the actual court order as I am unable to understand this despite being a lawyer. Justice Athar Minallah’s note has further complicated the matter,” he said.
Reiterating the government position on the issue of elections, he said as far as elections are concerned, they think elections should be held simultaneously throughout the country under a caretaker setup.
“There are other articles of law besides holding elections in 90 days that should be adhered to.”
To a question about giving funds to the ECP, he said: “The position of parliament and the cabinet on the issue is that everything will be done in accordance with the law.”
Parliament’s joint session
At the parliament’s joint session today, Minister of Law and Justice Senator Azam Nazir Tarar will submit a motion to take into consideration the Supreme Court (Practice and Procedure) Bill, 2023 to establish certain rules and procedures of the apex court.
The bill was sent back by President Arif Alvi under Clause 6 of Article 75 of the Constitution.
During the joint sitting, the parliamentary affairs minister is scheduled to present seven motions with regard to law and order, terrorism, economic policy, Jammu and Kashmir and foreign policy for creating awareness on national issues and achieving consensus.
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