ISLAMABAD: Supreme Court (SC) made it clear that court will not backtrack from its April 4 order as it issued notices to all political parties, including Jamaat-e-Islami, for hearing today. Three-member bench was hearing Defence Ministry’s plea against elections in Punjab, scheduled for May 14. At start of hearing, Chief Justice said issue has dragged on for too long and asked Attorney General of Pakistan to read Finance Ministry’s report out loud in courtroom.

Chief Justice said government had stated that funds required for elections would be issued via supplementary grant, however, “Matter was sent to Parliament”. AGP replied that finance committee had referred matter to Cabinet and Parliament. Justice Akhtar asked how could government be barred from approving grant and added that premier should have majority in NA as it is mandatory to have majority in financial matters. He added that government had right to issue supplementary grant under Constitution and asked how Assembly could intervene in matter. Bench member further said that Finance Ministry’s team had stated repeatedly that approval for supplementary grant could be sought later and wondered how grant could be rejected by lower house.

Chief Justice, in reply to AGP’s reply that funds need to be approved or are otherwise classified as “Unconstitutional, said that there was no previous instance of referring such administrative matters to standing committee and funds spent on polls were “Necessary” expenditure. CJ Bandial also noted that ECP had stated that polls in two provinces of Punjab and Khyber-Pakhtunkhwa could not be conducted till October as watchdog had stated security concerns. “Terrorism has been present in country since 1992,” said Chief Justice as he observed that polls have been held in country despite terror threats.

Giving an example of elections in 2008, shortly after assassination of former premier Benazir Bhutto, Justice Bandial asked what new danger was present to not hold polls in country. “What guarantee is there that security situation will improve by October 8?” Chief Justice asked. The apex court then sought another response from government regarding provision of funds and Justice Bandial said “Failure to provide funds could have serious consequences”.

CJP also observed that SC proceedings in matter commenced on March 27 and concluded on April 4 and added that while there was “Boycott” of proceedings, issue of security was not raised.  CJP Bandial said request by Ministry of Defence and ECP was not sufficient to withdraw court’s directives as ECP had initially claimed that elections can be held if funds were provided.  He said that report by Defence Minister had “Strange” stance and asked if “Ministry of Defence can request holding elections simultaneously in country?” Chief Justice further said that Ministry’s plea was “Not maintainable”. CJP Bandial appreciated AGP’s stance and said it had “Some weight” and court could “Make some room” if all political parties were united in their stance.

Published in The Daily National Courier, April, 20 2023

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