CJP stresses parliament’s role in drafting laws ‘in compliance with Constitution’
SC disposes of defence ministry’s plea, orders govt to release election funds by April 27
Islamabad_The Supreme Court(SC) issued the written order of the April 4verdict on the election. IN the ruling, the top court rejected the Election Commission’s stance and declared inadmissible the Defence Ministry’s plea for withdrawal ofthe April 4 verdict and the finance ministry’s report on funds unavailability. The Supreme Court decided the matter of elections according to the constitution and no other way can overrule the Supreme Court’s decision toehold elections, it added. The constitution calls for elections within 90 days after the dissolution of the assembly. Political negotiations shouldn’t conflict with the constitution, the ruling said, adding that the Election Commission wants to bring the judicial proceedings back to the starting point. IN its report, the Election Commission made a request for restoring the date of holding the election on October 8 on the basis of security reasons and funds paucity. Points which have already been decided cannot bellowed to be reopened, the top court added. “The federal government should releaseRs21 billion to the Election Commission for elections by April27. The violation or disobedience of a court order can have serious consequences, “warns the top court. The government stresses that the votes should be put off as it has been struggling with an economic crisis. Since April last, ousted prime minister Imran Khan has been pushing for assembly elections in Punjab and Khyber-Pakhtunkhwa provinces as part of campaign to forces nap polls The government has been seconding the election commission’s stance. The commission cited alack of resources and the government agreed, saying it wasn’t possible to organize the provincial elections while the countryman struggling with uneconomic crisis and with a general election due around early October anyway. But the Supreme Court ruled that the delay was illegal and voting should be held between April 30 and May 15.
Yesterday the defence ministry moved the top court and made the requestor putting off the pols Along with the application, the defence ministry also issued airport in court, laid before the SC in compliance with its directives to the State Bank of Pakistan (SBP) another departments to furnish reports after releasing Rs21 billionth the ECP for holding elections to the Punjab and KP assemblies.
In its report, the ministry highlighted the need of holding the elections on the someday given the heightened security situational the country. It also said that theremid forces would be able to carry out election duties biyearly October. “Due to the prevalent security situation and counter-terrorism operations being carried out in KP and Baluchistan as well as the intelligence based operations IN Punjab and Sindh, theremid forces, Rangers, Frontier Constabulary another forces are neologistically available thobe repositioned Andre-posted for providing election security,
twice in six months, “the report said. Significant time is required to prepare the members of theremid forces for the election duty, given much of the force has been actively engaged in operations
for a considerable period of time,” the application said, adding the security situational Punjab and Sindh has been stabling the light of the efforts of the ongoing operationist KP and Baluchistan, respectively. Therefore, any diversion of troops from KP and Baluchistan will result in directly affecting the security situational Punjab and Sindh, it explained. However, the court order stated that it was pointed out to the attorney general that the plea could not be entertained or relief granted since the matter was already decided by a final judgement of the court and was thus “disposed of as not
maintainable”. Regarding the compliance report from the Finance Division on providing the funds for the polls, the order reiterated the proceedings pertaining to it in the cabinet and National Assembly, adding that the division said the funds could not be made available to the election commission since the NA had rejected the motion. The order further said that the judges were not satisfied that the NA resolution expressing disapproval of the fund release stood in the way of the cabinet exercising its constitutional power under Article 84.“To the extent therefore that the report of the Finance Division concludes, or proceed son the basis that, the federal government did not itself have the requisite constitutional authority and power at all-time to authorize the expenditure of Rs21bnfor the general elections, it cannot be accepted,” the order reads’ e a n w h i l e ,Supreme Court (SC)On Wednesday declared the Ministry of Defense’s plea, seeking simultaneous elections in the country ,inadmissible and again ordered the federal government tore lease Rs21 billion IN supplementary grantor the ECP for polls by April 27.Regarding the inadmissibility of the Defence Ministry’s plea, the bench observed that, “…the Federal Government ..seeks to place on record a report, preparedly the Ministry of Defense, on the security situation in the country at the present time and for the NeXT few months … the relief sought is for the order dated04.04.2023, whereby[the plea filed] was finally disposed of, be recalled. It was pointed out to the learned Attorney General that such an application could note entertained nor relief granted, as [the plea] has been decided by final judgment.[It] is therefore disposed of as nonmaintainable
