SC sets election date in stone

ISLAMABAD:

The Supreme Court on Friday ordered that the next general elections would be held on Feb 8, next year as per the consensus reached between President Dr Arif Alvi and Chief Election Commissioner Sikandar Sultan Raja during their meeting the other day.

Heading a three-member bench hearing the petitions seeking elections in the country, Chief Justice Qazi Faez Isa observed that the people of Pakistan had the right to general election, warning the media outlets against creating any ambiguity about it.

“The election issue has been resolved with the consent of all parties. The general election date of February 8 has been agreed upon. Let there be no misunderstanding as we have now given the date of the elections,” the chief justice remarked.

“God willing, elections will be held on Thursday, February 8,” Chief Justice Isa said. “If anyone raised any doubt then the court will deal with it.”

Sitting on the bench, Justice Athar Minallah observed that no one would be allowed to violate the date given to the court.
Chief Justice Isa noted that President Alvi dissolved the National Assembly last year on the advice of then prime minister who was facing a no-confidence motion, without his authority. And now, when he had the power to give the election date, he did not exercise his authority.

If there was any ambiguity as to who would give the election date – a reference to an amendment to the Elections Act, which empowered the CEC to announce the date – the chief justice said that the president could have sought the apex court’s opinion under Article 186 of the Constitution.

Read PML-N expects elections in January

Because of that reason, the matter unnecessarily came to the Supreme Court, the chief justice remarked. However, he stressed that the Supreme Court could not interfere in any other office’s domain and its role just remained that of a facilitator.

In his order, the chief justice noted that the country was in a state of anxiety because the date of the elections was not given.

Noting that public opinion was influenced by the media, he said that if the media created any doubts about the elections, they would be guilty of violating the Constitution.

If a channel broadcast any news questioning whether elections would be held or not, there would be action. “Pemra (Pakistan Electronic Media Regulatory Authority) is there to take action if any media house creates confusion regarding the election.”

The chief justice observed that media freedom was granted in the Constitution but added that nobody had the right to lie. If anyone had any doubt, “let it be, but do not influence other people”, he said, adding in a lighter vein, “he [media person] will not say it in public, but he can tell his wife”.

The chief justice, in his order, noted that a conducive environment for elections was a fundamental right of every citizen.
He stressed that it was the responsibility of those who had taken oath for this duty. “The higher the position, the greater the responsibility,” he said.

The chief justice recalled the Nov 3, 2007 action taken by then military ruler Gen Pervez Musharraf.

“On this day, 15 years ago on Nov 3, 2007, the Constitution was violated. We should learn from the history. Violation of the Constitution affects the people.”

The bench led by the chief justice and comprising Justice Aminuddin Khan and Justice Athar Minallah had taken up the petitions for holding the elections within 90 days after the dissolution of the legislatures in the country, on Thursday.

The bench had instructed the CEC to confer with the president on the polls date. Later, the ECP met the president and agreed that general elections would be held on Feb 8. During Friday’s hearing, the attorney general for Pakistan (AGP) submitted the CEC’s letter regarding the elections date.

He also presented the minutes of the meeting between the president and the CEC. However, the chief justice pointed out that the records presented in the court did not carry the president’s signature.

Read more CEC under fire for ‘polls delay’

The AGP replied that the president had given his consent in a separate letter. Later, the AGP presented the president’s letter to the court.

He also submitted an Election Commission of Pakistan (ECP) notification, issued on Nov 3 under Section 217 of the Elections Act, regarding holding of the general elections on Feb 8.

Afterwards, the chief justice of Pakistan started dictating his order in the open court. It said that the National Assembly was dissolved on the advice of the prime minister but there was a disagreement between the president and the ECP as to who would give the election date.

Because of that disagreement, the matter came before the Supreme Court, the order noted. It said the Supreme Court could not interfere with the powers of the president or the ECP, adding that the Supreme Court had no role in the matter of giving dates.

The order further stated that the attorney general and the four provincial advocates general did not object to the holding of general elections on Feb 8. All the law officers also did not raise any objection to this date, it added.

The order declared that the president’s letter said that the general elections would be held on Feb 8. “No party has any objection to holding elections on February 8, so the federal government should ensure that elections are held on February 8, 2024,” the court said.

The chief justice stressed the need for maturity and understanding by every institution.

“We hope that every institution will operate with maturity and understanding,” the court said, adding that after fulfilling all the requirements, the ECP should announce the election schedule. With that order, the Supreme Court disposed of all the petitions related to the elections.

“If I am alive, Insha Allah, elections will be held for national and all provincial assemblies on Thursday, February 8,” he said.