Amid face-off with govt, all eyes on CJP to ensure compliance on court orders

Justice Bandial faces biggest challenge within SC, as division within court appears to be reaching point of no return

ISLAMABAD:

In the backdrop of the ongoing conflict within the Supreme Court as well as a possible clash with Parliament, all eyes are on Chief Justice of Pakistan Umar Ata Bandial as to how he, along with his like-minded judges, will ensure compliance with the judicial order to hold Punjab Assembly elections on May 14.

The top court is divided into two camps, with the division intensifying each day and reaching a point of no return after the happenings of the last week.

The Supreme Court is currently divided into two sections of eight to seven judges, with two seats having been vacant for the past several months. One camp supports CJP Bandial, who consistently focuses on maintaining "balance" in the system. The majority section of the Supreme Court wants the general elections of the Punjab Assembly to be held next month at all costs.

Read more: Punjab polls to be held later this year, not on May 14: Sana

Rather than issuing contempt proceedings against government functionaries, they directly requested that the State Bank of Pakistan release Rs 21 billion in funds to the Election Commission of Pakistan to hold the elections. That same section also carried out a preemptive strike by suspending legislation which would regulate the discretionary powers of the CJP.

Both judicial orders have been heavily criticised by the legal fraternity, with lawyers questioning how the apex court can deviate from established principles by adhering to one constitutional provision stating that elections must be held within 90 days after the dissolution of the assembly.

Meanwhile, the PDM-led government is taking shelter behind Parliament in delaying the elections.

It has been learned that the National Assembly's Standing Committee on Finance may summon SBP officials to explain how they could transfer funds. According to a senior government official, the transfer of funds by the SBP would be considered a violation of the Constitution.

Read more: Cabinet voices concern over Punjab elections

On the other hand, the superior judiciary still believes that a dialogue should be initiated between both sides to evolve a consensus on holding the general elections, but there is complete mistrust among stakeholders on any issue.

After the release of funds, the next crucial step will require the federal government to provide security. If the government fails to do so, will CJP Bandial and his colleagues direct the army chief to provide security for the elections?

Sources indicate that the military establishment is hesitant to provide separate security for the provincial and national assemblies. It remains to be seen how CJP Bandial will handle the situation.

PTI and a faction of lawyers express confidence that the court will compel all institutions to ensure security during the elections. However, CJP Bandial is facing his biggest challenge within the apex court, as the division within the court appears to be reaching a point of no return.

According to sources, two former chief justices were asked by lawyers to intervene in the current situation, but they declined after assessing the severity of the matter.

Meanwhile, some senior lawyers are considering how to end differences among the apex court judges, acknowledging that there is complete mistrust among them.

Another section of SC judges believe that the discretionary powers of the CJP should be regulated, and that the apex court should not intervene in political matters, instead supporting political dialogue and the strengthening of Parliament.