As the caretaker set-ups in Punjab and Khyber-Pakhtunkhwa (K-P) are set to complete their 90-day term on April 22, the Pakistan Tehreek-e-Insaf (PTI) has requested the president ask to the apex court to stop any violation of “mandatory constitutional commands”.
“This is to draw our kind attention towards the breach of mandatory constitutional commands by the federal government and the Election Commission of Pakistan (ECP),” read a letter written to President Dr Arif Alvi by PTI senior leader Fawad Chaudhry.
Fawad said under Article-224 of the Constitution caretaker governments are installed for 90 days in order to ensure fair and transparent elections.
He said the sole objective of a caretaker government is to facilitate the ECP in holding free, fair as well as honest elections in accordance with the Constitution and law.
The PTI leader noted that during this period, the caretaker governments are vested only with the authority to run day-to-day affairs and not to make major policy decisions.
Fawad pointed out that after the dissolution of Punjab and K-P provincial assemblies on January 15, the caretaker setups were established in both the provinces.
However, because of the unconstitutional and illegal actions of the ECP and the Pakistan Democratic Movement (PDM) government, the mandatory time period for holding the elections within the stipulated time had lapsed.
He said that the apex court was constrained to fix the time period for holding the elections by using its "constitutional jurisdiction".
“Therefore, the incumbent caretakers, with the tacit approval of the ECP, in violation of all mandatory laws and standards of propriety have been permitted to embark upon the unchartered territories,” he wrote.
He maintained that the caretaker government in Punjab was indulged in making major policy decisions including posting and transfers of officials to affect the transparency as well as fairness of the elections.
Fawad noted that the interim set-ups in both the provinces had completed their constitutional time period. He added that the Constitution did not provide for continuation or extension of the period fixed for the interim set-ups.
“Under these circumstances, the interim set-ups cannot be termed lawful and they must be considered ‘usurpers’ imposed by the ECP and they are liable to be removed forthwith.
“In this eventuality it is respectfully requested to kindly refer the matter to the Hon’ble Supreme Court of Pakistan in advisory jurisdiction to address this blatant unconstitutionality,” he concluded.
Addressing a news conference in Islamabad later in the day along with party leader Hammad Azhar, he emphasised the necessity of holding elections on time as the SC had ordered, fearing that the judiciary would be undermined if its directives were not followed.
The PTI leader said that an “automatic extension” could not be given to the Punjab caretaker government, which would complete its three months on April 22.
He added that the party would file a reference and move the top court over the matter.
“We have written a letter to the president [Alvi] stating that if elections are not conducted within 90 days, a response should be sought from the chief election commissioner as the term of the caretaker government will end on April 22,” he added.
The remarks came amid rising tensions between the federal government and Chief Justice of Pakistan Umar Ata Bandial.
The face-off escalated soon after the top judge continued hearing PTI’s plea against the delay in holding elections in Punjab within the constitutional limit of 90 days despite the ruling coalition’s reservations that later on pushed them to explicitly express no confidence in the CJP and the two judges hearing the case with him.
Fawad further said a reference should be submitted to the SC to clarify that the tenure of a caretaker government could not be extended automatically.
The PTI leader said elections in the country were a must and the top court has directed to ensure the implementation of its orders.
The former federal information minister maintained that National Assembly resolutions had no legal status.
He added that the country's leadership supported the court's decision and expected the State Bank of Pakistan (SBP) to transfer the funds to the ECP by Monday (today) for conducting the elections so that the polls could be held as scheduled.
Fawad further said it was not the job of the judiciary to issue press releases but it should speak from its decisions.
The PTI leader reiterated that the entire nation stood with the courts and was looking towards the judges for guidance.
Fawad suggested that the SC could appoint administrators in Punjab and K-P with the sole aim to conduct the elections.
He added that the administrators could be serving or retired judges of the top court.
Fawad also demanded the formation of a commission to probe into JUI-F chief and PDM president Fazlur Rehman’s claim that he would expose the real characters who had assured him that the PTI government would be ousted during his party’s 2019 sit-in.
The PTI leader claimed that there were rumours of contacts between the ‘powerful circles’ and JUI-F at the time, but the issue had now come out into the open.
Fawad expressed his "shock" over the government’s alleged silence about the revelations made by Satya Pal Malik -- -- a so-called former governor of Indian Illegally Occupied Jammu and Kashmir (IIOJK) -- in connection with the Pulwama attack in 2019 that vindicated Pakistan’s stance on the incident.
Speaking on the occasion, Hammad lashed out at the government for allegedly pushing the country into a “quagmire” of crises.
He expressed his surprise that the government did even have Rs21 billion for the elections to be held in the two provinces.
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