F.P. Report
ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial has remarked that the Election Commission of Pakistan (ECP) has opened Pandora’s box by filing a review petition urging the apex court to revisit its April 4 order of holding elections for the Punjab Assembly on May 14.
A three-judge SC bench led by CJP Umar Ata Bandial and comprised of Justice Ijazul Ahsan and Justice Munib Akhtar heard the ECP’s review petition on Monday.
The petition was heard a day after the May 14 deadline set by the Supreme Court for holding elections in Punjab was ended.
As the proceedings were set into motion, the CJP observed that the electoral watchdog had raised the issue of funds and security previously. “Today, the ECP has raised a question [mark] regarding the court’s jurisdiction. How can it raise the points which were not taken up in the main case,” the top judge asked, adding that the federal government could have raised this point but they did not file the revision.
The court then decided to issue notices to the respondents in the case and adjourned the hearing until Tuesday of next week.
The court also asked the ECP’s lawyer how much time he needed for his arguments, to which he replied that he needed three to four days.
The CJP declared “The court will hear all the parties in the case.”
Secretary Supreme Court Bar Muqtadar Shah appeared in the court. He said that the Supreme Court Bar and lawyers are with the court, expressing complete solidarity with the judiciary.
PTI’s lawyer Ali Zafar contended before the court that the scope of a review petition was limited. “New points can’t be raised in a review petition,” he added.
The chief justice remarked that he wants to hear the position of the Election Commission if the petition is admissible. The court will also issue notices to the provincial governments and other political parties. Some points need to be pondered and the court will decide about them, he added.
ECP lawyer Sajeel Swati stated that the scope of revision is not limited and the jurisdiction cannot be limited in constitutional cases.
The chief justice remarked that it should also be kept in mind that no new points can be raised in the review petition.
PTI lawyer Ali Zafar said that May 14 has passed and the constitution has died while the caretaker governments have now become unconstitutional, the court should implement its decision.
The chief justice remarked that when the decision will be finalized, then it will be implemented. The earlier position of the Election Commission was that it wanted resources to conduct the elections, but now the ECP has opened Pandora’s Box.
Ali Zafar Advocate objected that it’s too much time if you adjourn the proceedings for a week. To which the chief Justice remarked that the court has another important matter tomorrow. He said that the court would have heard the case sooner, had it been known that the time for elections had come.
CJP Bandial remarked that the way the political forces are working, it is not correct. “People are losing their lives, institutions are under threat. Public and private properties are being damaged,” the top judge observed.
The chief justice remarked, “It is my duty to implement the constitution, which I do. But who will implement the constitution, given the situation existing outside? If one of the parties had shown moral standards, then we would have blamed the other. That’s why I call upon both the government and the opposition to find a higher moral standard. In February, a party was violating the Constitution,” he added.
Chief Justice Bandial went on to say to the lawyer, “Go out and see what is happening. Contribute in maintaining the law and order situation. Patience is needed in difficult times, not quarrels. People were jumping over the walls today but the government failed. We will see what is happening in three or four days, we must continue to do our duty. They have to respect the institutions. People were injured by bullets, why this problem has not been solved? The basis of democracy is elections, without the rule of law, democracy cannot work.”
The chief justice inquired of the attorney general for Pakistan as to why the talks between the government and the opposition did not resume.
“You (AGP) should look at the negotiation process again,” the top judge remarked.
Lawyer Ali Zafar said that two members of the negotiation team have been arrested. He said all the PTI leadership has been arrested, so how can there be negotiations in such an environment, now there is no negotiation, only the constitution should be followed.
The attorney general told the court that after so much effort, he brought both the opposition and the government to the table and a sort of consensus was developed among them. If some more time was given, the problem might have been resolved, he added.
Lawyer Ali Zafar said that the arrests continued and the poll date could not be agreed upon.
The attorney general said what happened last week should not have happened.
Lawyer Ali Zafar said that the manner in which Imran Khan was arrested caused fear.
Chief Justice Bandial remarked that Imran Khan has got relief.
The AGP said that the court has corrected the mistake.
While adjourning the further hearing of the case, the chief justice also issued notices to the Federal government, KP and Punjab governments, and the PTI.
