How long will democracy be sacrificed by extending polls? CJP
Islamabad(Mudasser Chuhdary)_A three-member Supreme Court bench has resumed hearing in the review petition of the election commission against the court’s verdict announcing polls in Punjab on May 14.
A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Muneeb Akhtar, heard the ECP’s review petition.
The ECP’s counsel Sajeel Swati argued that Supreme Court rules did not reduce Constitutional authority. He further said a full court has declared in various cases that the scope of a review is not limited.
Justice Akhtar remarked that if this argument was accepted then the Supreme Court rules would become void.
The counsel said in certain cases, parliament’s lawmaking authority is also limited. He added that a review plea is essentially a continuation of the main case.
Justice Akhtar said the lawyer had expanded the scope of the review more than the parent case.
The ECP counsel argued that a caretaker government must be in place for elections.
At this, Justice Ahsan questioned that if a provincial assembly was dissolved in six months, will a caretaker set-up remain for four and half years in that province? To which, the counsel responded in the affirmative.
He further said Article 254 can provide legal cover to any extension to the 90-day deadline to hold elections to an assembly that has been dissolved. He added that elections can be delayed beyond 90 days.
The judge remarked that it can also be treated in such a way that an elected government stays for four and a half years and a caretaker for six months. He added that the 90-day period is also given in the Constitution.
“Where is it mentioned that a caretaker government’s duration can be extended?” Justice Ahsan asked, adding any extension to the caretaker set-up’s duration is against the spirit of the Constitution.
he bench hearing the pleas also includes Justice Munib Akhtar and Justice Ijazul Ahsan; this is the same bench that issued the directive on April 4.
Following the bench’s order, the electoral watchdog had informed the apex court that it could not conduct elections owing to security concerns and a paucity of funds.
It then filed a review petition seeking an overturn of the court’s order. This time, the body based its argument on its assertations that deciding on the date of the elections was beyond the jurisdiction of the apex court.
In the hearing yesterday, the bench had assured the Attorney General for Pakistan (AGP) Mansoor Usman Awan and the ECP legal counsel Sajeel Shehryar Swati that it had no intention to hold the government’s past actions against it.
CJP Bandial had also slammed the ECP for not appraising the president of the situation properly and had asked why the commission had not told the president what it was informing the court now.
The lawyer agreed to the court’s observation.
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