SC to safeguard Constitution on elections’ plea, come what may: CJP Bandial
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ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial said apex court would proceed in line with Constitution and would not sit idle on May 14 election issue if dialogue between government and PTI failed. Supreme Court resumed hearing on plea regarding holding of general elections for National Assembly and provincial assemblies in one go after coalition government and main opposition party PTI sat together for three days and tried to talk out issue. Three-member bench of Supreme Court comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar began hearing.
PTI submitted report in court, claiming that no resolution had been reached and requested that court enforce its April 4 order regarding elections in Punjab.
At outset of hearing, Attorney General for Pakistan Mansoor Usman Awan came to rostrum and said government had submitted its response to talks with Pakistan Tehreek-e-Insaf. He said PPP lawyer Farooq H. Naek would brief court on negotiations.
Naek informed court that government had filed combined petition regarding date of Punjab elections. He said Senate Chairman Sadiq Sanjrani played role of facilitator during negotiations. He said there were five rounds of negotiations between PTI and ruling alliance. CJP asked why IMF agreement had been emphasised in government’s response. “Issue in court is constitutional, not political,” he remarked. He said court “Leaves political matter to political parties”.
Naek said IMF loan was “Necessary for budget.” He contended that if assemblies were dissolved, budget would not be approved. “If Punjab and Khyber Pakhtunkhwa assemblies had not been dissolved, this crisis would not have occurred,” he said.
Chief Justice asked whether IMF loan would be part of government’s fund reserves or be used in repayment of debts. He said no one could deny that Constitution mandates elections be held within 90 days of assembly’s dissolution. PPP lawyer agreed and added that there were no two opinions on issue. PTI-government talks were aimed at developing consensus on date for elections in one go across country. However, after negotiations concluded, PTI told court in report that no solution could be arrived at and asked it to implement its order for holding polls in Punjab on May 14. Court also issued written order of hearing conducted on April 27. On court’s query as to why Senate Chairman has been involved, Farooq H. Naek, Sr. ASC learned counsel for Pakistan Peoples’ Party submitted that venue for Senate was chosen for reason that it is House of Parliament where provinces have equal representation and all political parties are present therein. Role of Senate Chairman will only be of facilitator without substantive involvement.
It was made clear by Court that talks and negotiations between two sides were entirely to be their own effort, without any direction or order of Court in this regard in any manner. It was also made clear that verdict it had issued to hold elections in Punjab on May 14 remained unchanged.
Published in The Daily National Courier, May, 06 2023
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