ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked for how long democracy will continue to be sacrificed by advancing elections. He observed it has been said to this extent that democracy is spirit of Constitution. For how long they will continue to sacrifice democracy by taking forward elections. We suffered consequences for years whenever democracy was sacrificed. Now people should be given opportunity to demonstrate their opinion. 

He remarked lack of resources was mentioned in Election Commission decision. When EC will say enough is enough. Elections will be held at every cost. In review petition EC started talking politically.  He observed there remained 60 percent turnout in Local Bodies polls in Balochistan. People of Balochistan cast votes despite security concerns. Negative forces exert their pressure when if elections are delayed. Court will stay silent for how long as custodian of Constitution. For how long can you keep article 224 of constitution in coldstorage.

He remarked EC did not apprise President and Governor of facts. Counsel for EC kept on giving arguments for two days on rehearing case. He was told that simultaneous election will render ineffective what clauses of Constitution. How leader of house can be prevented from dissolving assembly. If system is strong then perhaps all election are possible on separate days. At present we are travelling in darkness and no destination is visible.  He observed court had ordered with consensus of Chief Minister Punjab and opposition leader. Interference of provincial government in National Assembly polls can be prevented. Interference cannot be made if EC is transparent and strong. EC itself has not devised any solution and now court will have to evolve this principle. This issue can be resolved administratively. EC should not accept pretexts of Ministry of Finance. EC should seek solid explanation from government. Supplementary grants of Rs 20 billion were approved for members of assembly. EC needed only Rs 21 billion. Providing funds to members of assembly is good thing. EC itself is dysfunctional. There is need to enhance capability of EC. It demanded 450,000 security guards. On other hand total operational army stands at 450,000. EC should think while making demand. We will have to see why military security is needed.

He observed polling can be postponed on polling stations which are sensitive or most difficult. Army had extended offer of QRF to EC. To my view QRF strength is enough.

It has been this idea that EC accepts silently what government says. On what basis they are saying situation will improve till October 8. This stance was on March 22 and now EC thinks what. When election will take place. Extraordinary incidents took place on May 9. We will have to see May 9 incident is creating what problems for election. EC could not make it clear how much delay it can afford in elections. Ground realities and transparency is linked to EC capacity. Presiding officers had gone missing in Daska. Elections were to take place on April 14 and now period of over one month and 10 days has passed.

Addressing to counsel for EC, CJP remarked come here after doing homework so that we could know what is difficulty for EC. Counsel should tell us to point what is his real point. He should fire after fixing target at least.

A 3-member bench of SC presided over by CJP Umar Ata Bandial took up case for hearing.

Justice Ijaz ul Ahsan raised question how SC rules can curtail court’s constitutional powers.

Counsel for EC told on being inquired from judges if central government is not dissolved then caretaker government will continue to work in respective province for four and half years. 

Justice Ijaz ul Ahsan remarked 90 days’ time has been given in Constitution. Caretaker governments come to hold election in 90 days. Where is written in Constitution that tenure of caretaker governments can be enhanced.

Justice Munib Akhtar remarked holding transparent election is responsibility of EC no matter whichever government is there. Can EC say election will not be held in presence of elected government. Counsel for EC said EC had given date of October 8 according to facts.

CJP remarked court has to talk about principles of Constitution rather than apprehensions. Justice Ijaz ul Ahsan remarked caretaker government comes only for this reason that no government support is provided to any party. He inquired can caretaker government stay as long as it wills. Hearing of case was adjourned till May 29.

Published in The Daily National Courier, May, 26 2023

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