Lahore: Chief Justice of Pakistan Umar Ata Bandial said that judges of Supreme Court could not “Blink” their eyes if Constitution mandated polls within 90 days of an assembly’s dissolution, adding that it was their duty to say that. Last month, Supreme Court while hearing a PTI petition had directed  Election Commission of Pakistan to hold general elections to Punjab Assembly on May 14. However, government had rejected apex court’s orders. After repeated back and forth last week, Supreme Court on April 20 afforded temporary respite to country’s main political parties, giving them time till April 26 to develop consensus on date for elections to provincial and national assemblies, so they could be held simultaneously across country.

Speaking at an event here Chief Justice said, “When it comes to constitutional enforcement we must not blink our eyes. If it says 90 days for holding elections, [then] it is our duty to say that and not our choice, instead of finding reason why we should avoid saying that.”

Chief Justice said matter was being called “Controversy”. “I’m sorry, I’m not worthy of controversy, I’m very humble person. Please don’t say that you support us. I’m just one of members of Supreme Court. You must support Supreme Court if you stand up for law and Constitution and not [for] any individual,” he added. He said Supreme Court and its judges had no existence individually but “As unit [and] as constitutional organ and that is how we function”. “Important thing is when Supreme Court speaks on merit then its judgment has moral authority. That becomes even more important when those judgments are not appealed or no review is filed then that means no one has any objection to judgment.

“If review is filed then it will be heard because no judgement is binding unless it becomes final. But if judgment is not challenged then it becomes final so let’s see what happens now,” Chief Justice said.

CJP Bandial said he was “Optimistic” that nation’s leaders, institutions and people were all “Committed to Constitution”. Referring to negotiation process between government and PTI, he said apex court was informed that they had not concluded yet.

“We have nothing to do with that but at least they are conscious that they have duty to comply with Constitution and we are there to support that effort otherwise our judgment is there, it has force of its own, it may not be implemented today but it will last to test of time and shall be implemented tomorrow,” Chief Justice pointed out.

Concluding his speech, CJP Bandial said, “Implementation bench is always there so file an application and let’s see what happens.”

Published in The Daily National Courier, May, 08 2023

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