After the Supreme Court’s hearing, a debate has started as to why the Pakistan Tehreek-e-Insaf (PTI) has straightaway refused to negotiate further with the Pakistan Democratic Movement (PDM) government regarding the holding of general elections of all assemblies on one date despite Federal Minister for Railways Saad Rafique's offer.
Even after the hearing, one section within the PTI was also surprised by Shah Mahmood Qureshi's refusal of further negotiation.
Surprisingly, the three-judge bench of the apex court led by Chief Justice of Pakistan Umar Ata Bandial did not urge the PTI leader to take one more chance at negotiation as Rafique had told the bench that it was just a difference of days or weeks between the government and the PTI regarding the fixation of date to hold all assemblies’ elections. Rafique said that he had a middle way in his mind for the settlement but the same could not be revealed in the open court.
Sources in the PTI told The Express Tribune that PTI Chairman Imran Khan is unwilling to allow the federal government to continue till July. Presently, it seems that Imran is more interested in the implementation of the April 4 order regarding the holding elections of the Punjab Assembly on May 14.
Read more: SC distances itself from govt-PTI talks on polls
Talking to media persons, he made it clear that if the state institutions do not comply with the court order, then they would be on the streets. However, it is debatable as to whether the chief justice and his like-minded judges will pass coercive orders against the government authorities in case they show reluctance in the implementation of the April 4 order.
During Friday’s hearing, the chief justice was wondering why the government did not file a review petition against the April 4 order. He notes that the government is not interested in law but in politics.
The chief justice; however, said that the Constitution would be interpreted in the public interest. He, however, questioned the locus standi of the Election Commission of Pakistan (ECP) to file a review petition.
Despite the observations, there is an issue of trust deficit between the government and one section of judges. Even Rafique had complained about the apex court’s conduct toward the Pakistan Muslim League-Nawaz (PML-N) since 2017.
Talking to The Express Tribune, a senior PTI lawyer questioned why Imran should show flexibility when the government is not taking any confidence-building measures.
He also said that unfortunately, they have shown no flexibility and no confidence-building measures. Stuck on a 4-3 judgment and dissolution post-budget, trade policy, etc., he added.
The trial court has also expedited the proceedings in Toshakhana case wherein Imran may be disqualified before elections.
Currently, the relationship between the establishment and Imran is not cordial as the latter wants the judiciary to take a stand against powerful circles.
Although CJP Bandial said that there are other constitutional provisions that are yet to be invoked as they are showing restraint. He, however, said that all executive authorities are bound to implement the court's order, adding that if Almighty Allah has ordained that they should pass through a test then they are ready to face the consequences.
These remarks suggest that CJP Bandial is aware that enforcement of such judicial order will be a big challenge at the time wherein the establishment is taking a stand with the civilian government. Although the chief justice agrees with Rafique regarding the implications of holding the Punjab Assembly elections on the smaller provinces.
All eyes are on CJP Bandial as to how he secures the top court which is facing a severe crisis. Lawyers also believe that saving the judiciary is more important than anything else.
Petitioner counsel Shah Khawar had suggested to the bench that Prime Minister Shehbaz Sharif and Imran Khan should attend the dialogue via video-link. However, judges were not keen to entertain this suggestion. It seems that they were sitting with a pre-determined mind, and that is why the CJP said that now they would take up other issues.
The written order of Friday’s hearing is still awaited.
SC needs to realise that political stability is required in the country which cannot come through holding elections before finalising rules of business during negotiation.
A senior lawyer says that the PDM government wants to build a narrative against the judiciary in the next elections. Now it is up to SC whether it makes the government successful in its objective.
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