SC issues notice to ECP over delay in Punjab polls

ISLAMABAD: The Supreme Court on Monday issued notice to the Election Commission of Pakistan (ECP) for putting off Punjab Assembly’s elections and sought assurance from the government and Pakistan Tehreek-e-Insaf (PTI) to bury the hatchet for free, fair and transparent elections.

It comes as the country’s top court took up PTI’s plea on the issue of Punjab and Khyber Pakhtunkhwa elections. A five-member larger bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, heard the plea. The court also issued notices to governors of two provinces through the chief secretary, Geo News reported.

“The court only needs assurance from both sides. The elections should be peaceful, transparent, and fair. If the government and PTI want elections, they have to give assurances,” Chief Justice Umar Ata Bandial said. He added the parties would decide what those assurances would be like not the court.

“The parties should evaluate what is and what isn’t good for the public. Pakistan’s Constitution was not made for only setting up or toppling the governments,” he remarked suggesting it was more than that.

The top judge said the Constitution was interpreted while keeping the life and happiness of people in mind. “The current situation is alarming. Elections can only be held when the conditions are favourable,” he said and insisted that one could not run away from the facts.

The CJP maintained that the country’s atmosphere had turned poisonous due to political intolerance. “The present political situation is terrible. Politicians are at each other’s throats,” he said. Justice Bandial asked both the government and the Imran Khan-led party to decide what is best for Pakistan.

Sharing his remarks regarding the ECP, the top judge said it was merely an institution. “The election commission requires facilitation and support for [conducting] polls.”

The CJP remarked that polls were essential for the functioning of the country’s governance system. “The election process should be transparent and peaceful. Article 218 calls for transparency of elections.” Justice Bandial also questioned the performance of leaders in the country. “What have our leaders done so far?”

PTI’s counsel Barrister Ali Zafar, during his arguments, said the objective of the caretaker government was to hold elections within 90 days. “The polls cannot be delayed for five months after the deadline.”

Apart from the CJP, the bench included Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan and Justice Jamal Khan Mandokhail.The PTI moved the apex court following the ECP decision to postpone the Punjab polls from April 30 to October 8 after financial and security authorities expressed their inability to support the electoral process.

In light of the Supreme Court’s split ruling last month, President Arif Alvi announced the date for the Punjab polls after consulting with the ECP.

Weighing in, Justice Ijazul Hassan said the ECP first said it was unable to fix a date for elections and later it postponed the date (given by the President) in total contradiction to its earlier position.

Justice Munib Akhtar said the Supreme Court’s decision was undersigned by all five judges. “It is not like that there are two Supreme Court decisions. Dissenting notes in judgements are not out of ordinary.”

Meanwhile, the additional attorney-general of Pakistan requested the court to adjourn the case for two to three days. However, the request was rejected by the court.The additional attorney-general said that attorney-general Barrister Shehzad Elahi had resigned from the post. He pleaded with the court to adjourn the case until the appointment of a new attorney-general.

Responding to that, the CJP said the nominated attorney-general had visited him earlier in the day and would join by tomorrow (Tuesday). Justice Bandial also spoke about the ECP seeking Article 254’s support for postponing the elections.

“Can Article 254 be invoked in such a scenario? The Article 254 does not allow violation of the Constitution,” he remarked.The top judge added that the court was determined to “dispose of this case as soon as possible”. “The Election Commission should answer the questions raised in PTI’s petition,” he said while addressing the electoral authority.

Following the ECP’s announcement, Khyber Pakhtunkhwa Governor Haji Ghulam Ali also urged the electoral body to also hold the general elections on the same date (October 8) as the Punjab polls given the growing security threats from terror groups operating from the Pakistan-Afghanistan border regions.