ISLAMABAD: “We all want elections and there is no two reports about it,” said CJP Qazi Faez Isa on Monday as the Supreme Court (SC) adjourned hearing till November 2 on a set of petitions seeking directives for the Election Commission of Pakistan (ECP) to hold elections within the 90 days time period stipulated in the Constitution of Pakistan.
“Wrong impression is being created that we are not interested in elections,” remarked the CJP.
A three-member bench, led by the CJP and comprising Justice Aminuddin Khan and Justice Athar Minallah had taken up the pleas filed by the Supreme Court Bar Association, the Pakistan Tehreek-e-Insaf and others.
The apex court issued notices to the ECP and the federal government over compliance with Article 224 (2) of the Constitution, which binds the authorities to hold polls within 90 days after the dissolution of the National Assembly that took place on August 9 this year.
The ECP has indicated that polls are likely to be held in February 2024, well outside the 90-day period.
In the petitions, the August 7 notification regarding the approval of the 2023 digital census by the Council of Common Interests (CCI), and amendment to Section 57 of the Elections Act that empowered the chief election commissioner (CEC) to announce the election date, has been challenged.
During the hearing, Justice Minallah observed that Article 224 (2) is very clear. He asked for those responsible for the violation of this provision of the Constitution to be identified.
At the outset of the hearing, the CJP inquired whether the petitions filed by the PTI and the SCBA were similar.
The PTI counsel replied in the affirmative, stating that the same stance has been taken in both petitions.
The court inquired when the petitions were filed. To which, SCBA President Abid Zuberi replied that the petition was filed on August 16.
CJP Isa observed that the matter is of pressing nature, indeed, and inquired whether the SCBA had sought an expedited hearing.
Lawyer Zuberi applied in the affirmative but this was proven incorrect during the hearing through court records.
The SCBA president apologised for his mistake and was chided by the CJP for making incorrect statements in court.
The CJP then inquired why a plea was not filed for an expedited hearing. The SBCA president said he had issued such directives to his team but perhaps this was not done.
As the hearing proceeded, the CJP asked when the process of conducting census was initiated and when it was completed.
To this, the SCBA president said he is not aware of the dates. The CJP remarked that this information could have been sought through a letter written under Article 19.
Justice Minallah asked the counsel to clarify when the need to conduct a census arose and whether the census is directly related to conducting polls.
CJP Isa remarked that if something is written in the Constitution, it will be followed to the letter. He asked when the last census prior to the 2023 one was conducted.
In 2017, replied Zuberi, after which the CJP asked whether the final census is being conducted now after an interim one was carried out.
The CJP then rebuked the SCBA counsel for basing his arguments on a press release and not being able to inform the court of facts.
At this, Zuberi maintained that only the press release was available.
It appears that the process of conducting census was initiated around 18 months ago, observed the CJP, asking what would happen if the census is incorrectly complied. He asked whether the elections would then be conducted based on the 2017 census.
Meanwhile, Justice Minallah asked whether the Constitution requires for a census to be held before elections.
The SCBA president maintained that the Constitution does not state a fresh census is mandatory before every general elections.
The CJP remarked that the Constitution states a fresh census should be held. He then asked the counsel to elaborate on how the CCI’s meeting could be called illegal.
At this, Zuberi contented that caretaker ministers cannot participate in the CCI meeting, prompting the CJP to inquire under which law is this specified.
Zuberi argued that participation of interim ministers from Khyber-Pakhtunkhwa and Punjab was unconstitutional after 90 days of dissolution of both provincial assemblies.
The CJP asked the lawyer to stick to the facts. If this is the issue then another petition should have been filed, he remarked. At this, the SCBA president stated that he wished to present judicial precident.
The CJP dismissed this, saying that if that is what is to be considered then why is the bench listening to the SCBA’s arguments.
The CJP then asked the SCBA president whether he wants general elections to be conducted under the 2017 census. To this, Zuberi replied that polls should be held within 90 days. “You will have to take one position or the other, Zuberi sahib,” remarked the CJP. “We have to follow the Constitution and so do you. It can’t be your will or ours here.”
Justice Minallah observed that it would be in violation of the Constitution if elections are not held within 90 days. He asked whether the SCBA seeks the same and noted that if a fresh census is sought, polls are likely to see further delays.
The CJP asked whether it was mentioned in the 2017 census that the 2018 polls would be held under it.
The court then broke for recess directing the SCBA president to ponder over the questions raised by the bench. The hearing was then adjourned shortly after proceedings resumed, with notices issued to the ECP and the federal government in connection with the 90-day period stipulated by the Constitution for the conducting of elections.
Separately, the apex court is due to hear another constitutional petition, seeking general elections for the national and provincial assemblies on the same day, tomorrow (Tuesday), October 24. –Agencies
