Apex court issues notices to ECP & federal govt on the petitions filed for holding elections within 90 days


ISLAMABAD, Oct 23 (SABAH): The Supreme Court of Pakistan on Monday issued notices to the Election Commission of Pakistan and the federal government while hearing the petitions filed for holding general elections within 90 days. The court has directed the counsels of the petitioners to come to Islamabad for presenting the arguments as video-link facility in the case will not be available on the next hearing of the case. The court has permitted two petitioners to amend their petitions while excluding the name of President of Pakistan as respondent. The next case hearing will be held at 2nd November at 11:30 AM. Meanwhile Chief Justice of Pakistan Justice Qazi Faez Isa observed that it was “not possible” to meet the 90-day deadline.

The CJP asked Supreme Court Bar Association President Abid Shahid Zuberi whether he wanted elections on fresh census results or according to 2017 census.

The CJP asked the question while hearing miscellaneous petitions on delay in general elections beyond 90 days.

A three-member bench, headed by the CJP Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah , took up the case.

Advocate Abid Shaid Zubairi argued the case while PTI lawyer Barrsiter Senator Syed Ali Zafar and petitioner Munir Ahmed’s lawyer Anwar Mansoor Khan presented arguments through video-link from Karachi Supreme Court registry. Meanwhile former judge Lahore high court Ibadur Rehman Lodhi personally appeared before the bench and presented his arguments.  

As the proceedings began, the CJP Qazi Faez Isa asked Advocate Zubairi if a census was a constitutional requirement for general elections. Zuberi replied in the affirmative.

If the 2017 census is not finalised, there will be a difference in the data, CJP Isa said.  “If the current census is not accepted, the elections will be held on the basis of the 2017 census,” Justice Khan said.

“If the current census is annulled, what will be your plea? Will you ask for a census again or ask for elections to be held on the previous one?” asked the CJP.

Advocate Zubairi said that it was not justified to delay the elections on the ground of new census results and demarcation of constituencies afresh.

The CJP said the results of 2017 census were provisional, and not final. If your arguments are accepted, the elections would be delayed further.

Later, the court announced a half-an-hour break in the proceedings.

After the hearing resumed, Justice Athar Minallah observed that those who were responsible for the delay in the census be held responsible and asked Zubairi if he wanted polls in the country. “Yes, we want that elections be held in the country,” he said.

The CJP stated that the SCBA petition was based on the issue of census. At this, Justice Minallah asked when the 90-day time period would end. It would complete on November 3, Zubairi replied.

“If we give orders to hold election within 90 days will it be possible?” asked the CJP.

Zubairi conceded that if the top court gives the order even then it will not be possible to hold the elections within 90 days.

The CJP advised him to amend his petition, asking that if the president didn’t give a date, should the court issue a notice to him.

“The president has immunity,” Zubairi replied.

“What can we do against the president? We can issue orders to restore our writ, if anyone is violating the Constitution then Article 6 will be applied,” remarked CJP Isa.

Zubairi reminded him that the Supreme Court had ordered elections be held in Punjab and Khyber Pakhtunkhwa.

The CJP agreed with him but asked him if the matter was not subjudice and advised him that they should file a contempt petition as no one was stopping them.

The CJP then remarked that one of the lawyers had written to the president to give an election date and wondered what happened with the letter.

Advocate Munir Ahmed, who is one of the petitioners in the case, stated that they did not get any response from the president.

“Then you are holding the president responsible for the delay in elections,” remarked CJP Isa.

Justice Minallah stated that the census was a constitutional requirement and a delay in the elections was understandable. He advised the lawyer to restrict his case to the issue of polls in 90 days.

“It is not possible to hold elections within 90 days tell us what is possible,” remarked CJP Isa.

Advocate Anwar Mansoor Khan contended that after President Arif Alvi’s letter, it was the Election Commission of Pakistan’s (ECP) responsibility to give a date for the polls.

However, the CJP said that the president himself was asking for an opinion in the document that he was using in his arguments. He also asked if the court should give a decision based on a tweet.

The CJP then asked Zubairi whose responsibility was to give a date for the polls. Who responded that it was the president’s prerogative?

“You are twisting things again, if the president is responsible then do you want action against the president?” CJP Isa asked Zuberi.

SCBA president then maintained that holding polls within 90 days was a constitutional requirement. But the CJP responded that the counsel was not pointing his fingers at the person responsible for not holding the polls within 90 days.

“If you talk about elections then we can give a decision but if you talk about the interpretation of the constitution then we will have to form a constitutional bench,” said CJP Isa.

He added that the bench had two questions to answer as to who was responsible for announcing the date of the polls and the other was if elections can be held within 90 days.

Lawyer Munir Ahmed’s counsel Anwar Mansoor Khan stated that they did not get any response from the president.

“Then you are holding the president responsible for the delay in elections,” remarked CJP Isa on this.

At this point, Justice Minallah interjected, stating that the census was a constitutional requirement and a delay in the elections was understandable. He then advised the lawyer to restrict his case to the issue of polls in 90 days.

“It is not possible to hold polls within 90 days tell us what is possible,” remarked CJP Isa.

Moving on, lawyer Anwar Mansoor Khan contended that after President Arif Alvi’s letter, it was the Election Commission of Pakistan’s (ECP) responsibility to give a date for the polls.

However, the CJP said that the president himself was asking for an opinion in the document that he was using in his arguments. He also asked if the court should give a decision based on a tweet.

The CJP then asked the SCBA president whose responsibility was to give a date for the polls. Who responded that it was the president’s prerogative.

“You are twisting things again, If the president is responsible then do you want action against the president?” CJP Isa asked Zuberi.

SCBA president then maintained that holding polls within 90 days was a constitutional requirement. But the CJP responded that the counsel was not pointing his fingers at the person responsible for not holding the polls within 90 days.

“If you talk about elections then we can give a decision but if you talk about the interpretation of the constitution then we will have to form a constitutional bench,” said CJP Isa.

He added that the bench had two questions to answer as to who was responsible for announcing the date of the polls and the other was if elections can be held within 90 days.

The CJP then adjourned the hearing till November 2 and in his written order’s given in the court stated that the petitioners are contending that the census was notified as an excuse to delay the elections.

“The petitioners said that holding the election in 90 days is a constitutional requirement. According to the petitioners, elections are not possible within 90 days after the delimitation of constituencies and the census,” said the court.

The court then issued notices to the ECP and the federal government in the case.