SC safeguard constitution on elections’ plea come what may: CJP
Senate passes ‘Supreme Court Review of Judgments and Orders Bill 2023’ amid ruckus,
ISLAMABAD(Mudasser Chuhdary) Chief Justice of Pakistan Umar Ata Bandial said on Friday the apex court would proceed in line with the constitution and would not sit idle on the May 14 election issue if the dialogue between the government and the PTI failed.
The Supreme Court resumed the hearing on the plea regarding holding of general elections for the National Assembly and provincial assemblies in one go after the coalition government and main opposition party PTI sat together for three days and tried to talk out the issue. A three-member bench of the Supreme Court comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar began hearing at 11:30am.
The PTI submitted a report in court, claiming that no resolution had been reached and requested that the court enforce its April 4 order regarding elections in Punjab.
At the outset of the hearing, Attorney General for Pakistan Mansoor Usman Awan came to the rostrum and said the government had submitted its response to the talks with the Pakistan Tehreek-e-Insaf (PTI). He said PPP lawyer Farooq H. Naek would brief the court on the negotiations.
Mr Naek informed the court that the federal government had filed a combined petition regarding the date of the Punjab elections. He said Senate chairman Sadiq Sanjrani played the role of a facilitator during the negotiations. He said there were five rounds of negotiations between the PTI and the ruling alliance.
“The coalition parties informed the PTI about the current economic situation in the country and the ongoing negotiations with the IMF,” Mr Naek said. He added that the PTI also agreed to the dire economic situation. He said more time was needed for negotiations.
The CJP asked why the IMF agreement had been emphasised in the government’s response. “The issue in court is constitutional, not political,” he remarked. He said the court “leaves the political matter to the political parties”.
Mr Naek said the IMF loan was “necessary for the budget.” He contended that if the assemblies were dissolved, the budget would not be approved. “If the Punjab and Khyber Pakhtunkhwa Assemblies had not been dissolved, this crisis would not have occurred,” he said. He said the situation was also wasting court’s time.
The chief justice asked whether the IMF loan would be part of the government’s fund reserves or be used in the repayment of debts. He said no one could deny that the Constitution mandates elections be held within 90 days of the assembly’s dissolution. The PPP lawyer agreed and added that there were no two opinions on the issue
The PTI-government talks were aimed at developing a consensus on a date for elections in one go across the country. However, after negotiations concluded on Tuesday last, the PTI told the court in a report that no solution could be arrived at and asked it to implement its order for holding polls in Punjab on May 14.
According to the written order, “Today the learned Attorney General for Pakistan has apprised the Court about the communication between the Government coalition and the Opposition during the Eid holidays regarding the matter of general elections.” He has further added that initial steps had been taken for nomination of the members of negotiating team from both sides and matters relating to their meeting.
On court’s query as to why the Senate chairman has been involved, Farooq H. Naek, Sr. ASC, learned counsel for Pakistan Peoples Party, submitted that the venue for the Senate was chosen for the reason that it is the House of Parliament where the provinces have equal representation and all political parties are present therein. The role of the Senate chairman will only be of a facilitator without substantive involvement.
Meanwhile,
Senate on Friday passed the Supreme Court Review of Judgments and Orders Bill 2023.
The 329th session of the 20th PY 2022-2023 commenced with the recitation of the Holy Quran. Chairman Senate Muhammad Sadiq Sanjrani presiding over the session. Different Agenda items including presentation of reports of the Standing Committees, legislative business to be taken up
— ꜱᴇɴᴀᴛᴇ ᴏꜰ ᴘᴀᴋɪꜱᴛᴀɴ 🇵🇰 (@SenatePakistan) May 5, 2023
The bill is aimed at facilitating and strengthening the Supreme Court in the exercise of its powers to review its judgments and orders.
It is pertinent to note that National Assembly already passed the same bill—moved by Shaza Fatima—on April 14.
The Session of Upper House held in Islamabad with Chairman Senate Mohammad Sadiq Sajnrani in the chair.
The bill moved by Irfan ul Haque Siddiqui and already passed by the National Assembly aims at facilitating and strengthening the Supreme Court in exercise of its powers to review its judgments and orders.
In his remarks on the occasion, Law Minister Azam Nazeer Tarar alluded to Article 188 of the constitution saying it empowers the Supreme Court subject to the provision of any Act of Majlis-e-Shoora and any rules made by the Supreme Court, to review any judgment pronounced or any order made by it. He said the latest legislation is procedural in nature.
Taking the floor, Minister for Education Rana Tanveer Hussain said that the books of O-level carrying objectionable material have been confiscated.
He assured that in future A and O level books will be properly scrutinized.
The Senate today passed The Private Power and Infrastructure Board Amendment Bill, 2023 and the Kalam Bibi International Women Institute, Bannu Bill 2023.
Finance Minister Ishaq Dar presented a report of the parliamentary committee regarding examining the amendments proposed by the Election Commission of Pakistan in the Elections Act, 2017.
The Senate today passed a resolution expressing deep grief and sorrow over the death of former Senator Enver Baig.
The resolution moved by Minister of State for Law Shahadat Awan noted that the late Senator was a champion of human rights, diversity and equality. It pointed out that Enver Baig was a strong supporter of immigration reforms and worked to create policies that make it easier for immigrants to settle abroad.
Extending condolences to the bereaved family, the resolution said that services rendered by the late senator would be long remembered.
At the outset, the House offered fateha for the departed soul of former Senator Enver Baig as well as those who recently martyred in recent acts of terrorism in the country.
Senate session has been adjourned indefinitely.



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