-Observes elections cannot be held in the current political scenario
-Seeks input from Interior, Defence Ministries on timeframe for security situation to improve
-‘Interim reviews mean elections will be delayed further,’ Justice Bandial says, clarifies the Court wants a concrete date
-‘We are ready to hold the elections in Punjab’ after provision of required funds, ECP tells Supreme Court
By Anzal Amin
ISLAMABAD: The Supreme Court on Wednesday asked for the government’s assurance it would take steps to lower the feverish political temperature in the country, before adjourning the hearing of the PTI petition in the election delay case till today (Thursday).
During yesterday’s hearing, the five-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, hotly debated whether the court’s March 1 order was given with a 4-3 majority or 3-2.
The confusion emerged after the SC resumed the hearing of the election delay case today, a day after a hard-hitting resolution was passed by the National Assembly holding “undue interference by the judiciary in political matters as a cause of political instability in the country”.
Pakistan Tehreek-e-Insaf (PTI) has filed a petition against the ECP’s March 22 order postponing the elections in Punjab and Khyber Pakhtunkhwa citing multiple reasons.
At the previous hearing, Justice Bandial had observed that the ECP did not have any right or legal backing to extend the election date till Oct 8 and its order was written in haste.
The bench comprised Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan and Justice Jamal Khan Mandokhail as members.
In light of arguments made by ECP regarding security threats in holding timely elections, CJP Umar Ata Bandial asked the ministries of interior and defence to provide the shortest span of time in which security situation would improve so polls could be held.
PPP lawyer Farooq H Naek, Advocate Irfan Qadir, PTI lawyer Barrister Ali Zafar, ECP lawyer Sajeel Swati, Interior Minister Rana Sanaullah, Defence Minister Khawaja Asif and others attended the hearing yesterday.
During the proceedings, the CJP asked the ECP to prepare a comprehensive plan for elections and present it in court today (Thursday). He also suggested that polls could be held on two days instead of one.
“The purpose of judicial proceedings is to keep the state functioning in accordance with the Constitution,” Justice Bandial remarked, emphasising that steps needed to be taken to move forward.
He also highlighted that the tension between political forces was affecting other state institutions and called for “cooling the political environment”.
Presenting his arguments, the ECP lawyer said that that the commission made all-out efforts to conduct free and fair elections. “The ECP proposed the date for elections under Article 57.
“As soon as we received the verdict on March 3, the ECP began preparations for the elections. But we also have to look at the security of the people.”
Here, Justice Akhtar told the lawyer that ECP’s March 22 order — regarding the delay in polls in Punjab — had been challenged in court and asked him when exactly was the decision taken.
“The order was issued in the evening,” Swati replied, adding that nomination papers had already been issued when the decision was taken.
He further highlighted that the armed forces had refused to provide personnel for the election duty. “Article 17 of the Constitution talks about peaceful elections. According to the Constitution, the elections should be conducted in a transparent, peaceful and conducive environment,” he told the bench.
Swati revealed security agencies provided the ECP with “confidential reports” and offered to present them in court as well. “The reports mentioned that there was a presence of terrorist elements, such as the Tehreek-e-Taliban Pakistan and Sindhudesh, in Bhakkar and Mianwali.”
He went on to say that the ECP had requested more than 400,000 security personnel for polls duty, but was facing a shortage of 298,000 personnel.
Here, Justice Akhtar pointed out that the lawyer was detailing the letter dated Feb 8. “But the court issued the directives on March 1. Did you think of delaying elections till Oct in Feb only?
“And then you say you can’t even think of deviating from the court’s order,” the judge highlighted. “If you wanted to hold the elections in October, why did you suggest a date in April to the president?”
The CJP here instructed the ECP lawyer to note Justice Akhtar’s questions down. “Continue with your arguments and then give answers to these questions,” he said.
Continuing his arguments, the ECP lawyer said that in a letter on Feb 8, the Interior Ministry had raised concerns over the security situation in the country.
He said that the ministry had also warned of attacks on political personalities, including Imran Khan. “And these threats are not just for the election day but also during the electoral campaign.” Swati reiterated that polls could not be held in the absence of security personnel.
“The sector commander of the ISI (Inter-Services Intelligence) said that banned organisations have formed shadow governments in KP,” he revealed. Detailing on the province’s security situation, he said 443 security threats were received in KP in 2023, while 80 incidents of terrorism were reported last year. “According to reports, terrorists from Afghanistan are entering KP and it will take more than six to seven months for the threats to end,” the lawyer said.
At that, the CJP remarked that the points raised by ECP were very important and asked if they were conveyed to the president. He also observed that the reports of terrorism in KP were concerning. “All the stakeholders were informed about the situation,” Swati said and highlighted that Punjab had also mentioned operations in various areas.
The CJP asked Swati whether he was aware that security operations in the riverine areas (of Punjab) take place every two to three days. “When will the riverine operation in Punjab be completed?” the chief justice asked him.
According to Punjab, Swati said, the operation will take up to six months to complete. “There is no room to doubt the reports of intelligence agencies,” the election commission lawyer said.
Justice Akhtar then interjected, stressing that two assemblies have been dissolved. “But the facts mentioned in the intelligence reports cannot be overlooked,” Swati responded.
“Is there any way that the election commission could verify these reports?” Justice Mandokhail asked as the CJP conceded that terrorism was an issue. “Facts are being reported in the media,” said Swati.
Justice Bandial, however, said: “The country has been facing the issue of terrorism for the past 20 years. Despite this, elections have been taking place in the country.
“Three elections were held in the 90s. During the 90s, sectarianism and terrorism were at their peak. The assembly was dissolved every three years under Article 58/2,” the CJP said.
At one point during the hearing, Justice Akhtar remarked that the ECP’s order mentioned Rs20 billion but the court was given the figure of Rs25 billion — for holding the elections. “Rs5 billion have already been issued to the commission,” the lawyer replied, adding that the finance division had informed the ECP that funds for elections could not be issued during the current fiscal year.
“The finance secretary said that it was impossible to release Rs20 billion,” he said to which Justice Akhtar asked if the National Assembly had given the approval for the release of election funds. “Only the Finance Ministry can give a detailed reply on the matter,” Swati replied.
The CJP remarked that elections will anyway be held in 2023 and inquired if a budget for elections had been kept in the annual budget.
The attorney general said that the budget for elections will be allotted in the upcoming fiscal year. “But we don’t know [what will happen] if the assembly is dissolved prematurely.”
The CJP then asked the total amount required if elections were to be held across the country at the same time to which the AGP replied that it would cost Rs47 billion. “But if elections are held separately, Rs20 billion more will be spent,” he added.
Subsequently, Justice Akhtar asked if the ECP would be able to hold polls if it was provided support by the court. “Prima facie, ECP’s entire case is on letters the commission’s problem is the lack of funds.”
