SC urges govt, PTI to resume dialogue

CJ says decision cannot be on just one article of the Constitution

ISLAMABAD:

Chief Justice Umar Ata Bandial remarked on Monday that the court had not forgotten 90-day Constitutional timeframe for holding the election but it could not decide the matter on just one article of the Constitution.

The chief justice urged the federal government and the opposition Pakistan Tehreek-e-Insaf to resume dialogue for restoring peace in the country, saying that who would accept the election results if the voting took place in the current polarised environment.

A three-judge bench, led by Chief Justice Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, heard the review petition filed by the Election Commission of Pakistan (ECP) on the apex court’s decision of ordering elections in Punjab on May 14.

Chief Justice Bandial maintained that the ECP had raised new points, which were not taken during the proceedings earlier. He asked whether the points not raised earlier could be presented during the ongoing hearing.

He said that the ECP did not raise the issue of judicial jurisdiction before, adding that it would have “been appropriate” for someone else to raise this point. He continued that the federal government could raise the matter but it did not file a review petition.

Barrister Ali Zafar, the counsel for the Pakistan Tehreek-e-Insaf (PTI), contended that new points could not be raised in the revision petition. He added that the scope of the review was “limited”.

Advocate Sharjeel Swati, the counsel for the ECP, told the court that the scope of revision was not limited and that the jurisdiction could also not be limited in the constitutional cases.

The chief justice reminded him that new points could not be raised in the review. However, he added that he would want to hear the position of the ECP if the petition was made admissible.

The chief justice also said that the provincial governments and other political parties would be issued notices on the matter, adding that some points were up for consideration and would be decided later.

Zafar contended that May 14 has passed and the Constitution has died, while caretaker governments were now unconstitutional, therefore, the court should follow its decision. The chief justice said the decision would be implemented after it was finalised.

Chief Justice Bandial remarked that it was his duty to implement the Constitution, which he would do, but asked who would implement the Constitution in the environment that currently prevailed outside.

The chief justice also remarked that the manner in which the political forces were working was not correct. In February, he added, one party was violating the Constitution, but today both sides were doing it.

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Justice Bandial urged both sides to contribute in maintaining the atmosphere of law and order. In difficult times, he exhorted, one should have patience and not quarrel, people were jumping over the walls today but the government had failed.

Chief Justice Bandial maintained that he had asked the government and the opposition to find high moral standards. Later, he announced the adjournment of the hearing until next week.

Elections were the basis of democracy, he said, warning that without the rule of law, democracy could not function, adding that he was keeping an eye on what was happening outside. Therefore, he did not want to hold a hasty hearing.

PTI’s counsel said that one week’s time was “too much”, and suggested a hearing within a few days. However, the CJP stated that the court had another “important matter tomorrow [Tuesday]”.

Justice Bandial also said that the manner in which political forces were working was “not right”. “People are losing their lives. Institutions are under threat. Private and public property is being damaged,” he stated.

He stressed that the court would have to look at the situation along with the Constitution. For example, he cited that the constitution was silent on holding elections in wartime. The court had to protect rights of the people, he remarked.

He questioned Attorney General for Pakistan (AGP) Mansoor Awan why could the negotiations not resume. To that Barrister Zafar said that two members of the PTI’s negotiation team had been arrested.

Zafar added that all the PTI leaders were under arrest and questioned how negotiations could happen in such an environment. “Now, there is no negotiation, only the implementation of the Constitution,” he urged the court.

The AGP said that both parties were brought to the table after a lot of efforts and that there was a consensus among the parties. He maintained that the problem could have been solved if some more time was given.

Awan added that he was consistently advocating for a dialogue. The chief justice once again wondered why the government did not file a review petition against its April 4 order that ordered the Punjab election on May 14.

The chief justice also asked the PTI to take high moral ground in the present situation. He further asked the PTI counsel if election results, in such a polarised environment, would be acceptable.

While adjourning the further hearing of the case, the court also issued notices to the federal government, Khyber Pakhtunkhwa (K-P) government, Punjab government and the PTI. The next hearing date will be released.

At the outset of the hearing earlier, the Supreme Court was informed that the Supreme Court Bar and the advocates were in support of the apex court “and express full solidarity with the judiciary”.