CJ says court cannot force parties for talks

Three-member bench completes hearing Punjab polls delay case despite no progress in dialogue between political parties

ISLAMABAD:

Chief Justice Umar Ata Bandial observed on Thursday that courts could not force political parties to hold negotiations, stressing that the apex court merely wanted an end to the ongoing impasse over the delay in Punjab polls.

Heading a three-member bench for hearing of the case about holding the general elections in Punjab, the chief justice emphasised that the court would not set a deadline for the negotiations.

The case pertained to the Supreme Court’s order for conducting the Punjab Assembly elections on May 14. However, the parliament has refused to release funds for the polling.

"We are not pushing anyone but only finding a way for the enforcement of the Constitution," Chief Justice Bandial said. He urged the politicians to have a consensus on the election date.

During the hearing, Attorney General for Pakistan (AGP) Mansoor Awan told the court that Senate Chairman Sadiq Sanjrani had written letters to the government and the opposition, seeking names for a committee for holding talks.

“The Senate chairman would form a committee, comprising members from both sides of the aisle to evolve consensus on holding elections of the national and the provincial assemblies on the same day,” the AGP said.

Awan said that on April 19, the first contact was established between the government and the opposition in which both sides agreed to meet on April 26. On April 25, he added, federal ministers Ayaz Sadiq and Khawaja Saad Rafiq met former speaker Asad Qaiser.

In that meeting, Asad Qaiser informed the government team that he was not authorised to negotiate on behalf of the Pakistan Tehreek-e-Insaf (PTI). On the other hand, he added, there were a series of meetings of the ruling coalition.

Awan further informed the bench that two parties in the coalition government had objections to holding the negotiations with the PTI, adding however that a way was found to proceed ahead.

Read MNAs close ranks against SC on poll funds

Continuing, the AGP said that the Senate chairman wrote letters to the government and the opposition in the upper house of parliament, seeking four names from each side for the political dialogue.

Responding to a court query, the attorney general said that he had learned from media reports that senior PTI leader Shah Mahmood Qureshi was authorised to negotiate on behalf of his party.

The bench suggested to the political parties to evolve consensus on the date for the elections in the national interest, respect of the Constitution, and welfare of the people. "Otherwise," the court feared, "things would stay the same".

Addressing the court, Qureshi said that the government was not serious in dialogue. He nonetheless admitted that the Senate chairman had called him on the insistence of Prime Minister Shehbaz Sharif.

Qureshi added that the Senate chairman had sought five names from him for the proposed committee. However, he expressed his reservations on the formation of a committee, comprising the senators.

Upon this, the AGP said that the formation of the committee could be reviewed. He assured the bench that the government would "try to get both sides of the committee to hold their first meeting today [Thursday]".

PTI's lawyer Ali Zafar urged the court to mandate a time limit for holding negotiations for political consensus. However, the chief justice said that “they are not giving a deadline” to the proposed committee.

Farooq H Naek of the Pakistan Peoples Party (PPP) said that the negotiations would be held by the committees of the political parties, while the role of the Senate chairman was only that of a facilitator.

“It is a political issue, so let the political leaders resolve the problem. Let politicians decide the future of politics,” he said, adding: “All the political parties are ready to negotiate that the election should be held on the same date.”

The chief justice told Naek to keep in mind that there should be a consensus date. However, he stressed that the court was not pushing anyone; rather it was trying to find a way to solve the constitutional problem. “Other than that there is no issue,” he added.

The chief justice emphasised that in the matter of negotiations, one would have to be patient and show restraint. Naik replied: “If we sit down, we will talk, there will be arguments, and there will be a solution.”

PTI leader Fawad Chaudhry said that "even if the political parties agree on a matter, they cannot change the Constitution" stressing that "only the Constitution is supreme, neither the court nor parliament".

Soon after hearing arguments from both sides, the court completed the proceedings for the day. "A written order will be issued for this case," the chief justice said, adding that "the court will issue appropriate orders".

(WITH ADDITIONAL INPUT FROM MIAN AQEEL AFZAL AND ZAIGHAM NAQVI)