SC adopts carrot and stick policy

Adopting a carrot and stick policy, the Supreme Court has asked all political parties to evolve a consensus on the date for holding simultaneous general elections of the National Assembly and the four provincial assemblies expeditiously; otherwise, the court noted, it's order regarding the Punjab Assembly elections on May 14 would come into force.

"We are cognizant that if political dialogue extends to address all grievances, then it is likely to be a lengthy process and the correct forum for that is the political arena and political institutions,” read a five-page written order issued by a three-judge bench of the apex court.

The bench led by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar was hearing a constitution petition filed by a citizen, requesting to hold the elections for the National Assembly and the four provincial assemblies on the same day.

Earlier, the top court had given the federal coalition and the PTI until 4pm to sit together and develop a consensus on the elections in the country. At the same time, it also asserted that it would not go back on its order fixing May 14 as the date for elections to the Punjab Assembly.

The order adds: “However, we did not find any reservations to the negotiations being centred solely on a one-point agenda, namely, consensual fixation of a date for holding of general elections of the National Assembly and the four provincial assemblies which is a constitutional and legal question.

“It is important that such result is accomplished expeditiously because our judgment rendered in Constitution Petition No.5 of 2023 on 04.04.2023 has already fixed the date of elections to the Punjab Assembly as 14.05.2023. That judgment holds the field and, therefore, its ruling is binding on all judicial and executive authorities in the country under articles 189 and 190 of the Constitution."

On Wednesday, the bench had issued notices to all political parties over that petition. In response to the notices, the senior leadership of all political parties, who have duly been instructed and represent their respective parties, were present in the court on Thursday to inform the bench of the position of their parties on a political dialogue being held for settling a single date for holding general elections to the National Assembly and the four provincial assemblies.
On behalf of Pakistan Peoples Party Parliamentarians (PPPP), Farooq H Naek stated that the process for conducting such a dialogue has been initiated within the coalition partners of the Pakistan Democratic Movement (PDM) and that it is agreed that heads of all political parties shall meet with the opposition parties to arrive at a consensus date for holding the general elections to all assemblies simultaneously.

Khawaja Saad Rafique, who appeared on behalf of the Pakistan Muslim League (PML-N) endorsed the statement made on behalf of the PPPP. He also has expressed the willingness of his party to enter into negotiations with all political parties to arrive at a consensus date.

Qamar Zaman Kaira of the PPPP; Engineer Sabir Hussain Kaimkhani from the MQM-P, PML-Q’s Tariq Bashir Cheema, BAP’s Israr Ullah Tareen and Sardar Ayaz Sadiq also addressed the court and supported the views expressed by Farooq H Naek and Khawaja Saad Rafique.

PTI Vice Chairman Shah Mahmood Hussain Qureshi assured the court that notwithstanding the misgivings of his party with the political environment and disposition, it was willing to move forward within the framework of the Constitution to negotiate on an agreed date for holding of the general elections simultaneously.

However, he emphasised that the process of negotiations should not be open-ended and not to be turned into a ploy for delaying the elections, which is the apprehension of his party. He emphasised that such process should be regulated by a timeframe to ensure that the outcome is accomplished expeditiously, failing which the court’s decision for general elections for the Punjab Assembly to be held on May 14 be complied.

Ameer Jamaat-e-Islami Sirajul Haq stated that dialogue and consultation is not an option in public affairs but a duty as enunciated in the Holy Qurán. The 1973 Constitution forms the inalienable basis for our political structure through the democratic government for which elections are indispensable.

According to him, the election is not a matter concerning two political parties only but the will of the nation as a whole. The world is changing and Pakistan must resolve its own issues. He has further stated that for a political dialogue it is essential for all participants to be flexible about their respective positions and the approach of the parties should not be dictated by ego or pride. He suggested a timeframe under which two important events ought to be accounted for: firstly, the wheat harvesting season in May; and secondly, the occasion of Hajj.

According to him, the general elections could be held immediately thereafter.
The bench in its order noted that having heard the positive statements of the political leadership representing all major political parties it gives cause for optimism that they would agree to an election date sooner rather than later.

"However, the court is also impressed to note that all political leaders affirmed their fidelity to the Constitution of Pakistan which is supreme and must be adhered to. We are cognizant that if political dialogue extends to address all grievances, then it is likely to be a lengthy process and the correct forum for that is the political arena and political institutions", says the order.

At one time the court adjourned the matter till 4.00pm. The Attorney General for Pakistan was directed to report the progress made in the matter today in chambers.

Later, the AGP along with Farooq H Naek met the bench in-chamber and apprised them of the deliberations amongst the senior cabinet members of the government and their interaction with a senior officer-bearer of the PTI.

"They submitted that a recess is being taken on account of Eidul Fitr holidays because several political leaders and party heads have already left or leaving Islamabad for their hometowns to celebrate Eid. However, a meeting has been scheduled amongst the said leaders on 26.04.2023.

“The proceedings and progress of which shall be reported to the Court on 27.04.2023,” says the order.

Former additional attorney general Tariq Mahmood Khokhar said that the PDM’s public reaction to Thursday’s hearing does not portend well for the chief justice.

“They have come to the court with certain promised expectations. They left with an incredulous ambivalence. There is no placating them now. The previous lack of credibility, perceived or otherwise, stands reinforced today with dire consequences," he added.