Petition filed in SC to initiate contempt proceedings against senators seeking poll delay
ISLAMABAD, Jan 06 (SABAH): A petition has been filed in the Supreme Court of Pakistan calling for contempt proceedings against senators involved in passing a resolution in the Senate that sought a further delay in the February 8 elections.
The Senate of Pakistan on Friday approved a non-binding resolution seeking a delay in the general elections, set to be staged on February 8, drawing strong criticism from major political parties.
Senator Dilawar Khan, an independent lawmaker, moved the resolution in the upper house of the parliament, which got the approval during the presence of 14 senators — who were the only lawmakers present in the house of 100.
In response, Advocate Ishtiaq Ahmed Mirza filed a petition in the top court on Saturday against Chairman Senate Mir Muhammad Sadiq Sanjrani, Senator Dilawar Khan, and other lawmakers — including those from the Pakistan Tehreek-e-Insaf (PTI) and the Pakistan Peoples Party (PPP).
In the plea, Mirza prayed to the court to ensure that elections are held on 8 February as “certain number of days are required to do different acts which the law requires prior to the holding of the said elections and the impugned order passed at the eleventh hour if allowed to remain in the field would not permit the holding of elections on 8 February”.
The petitioner contends that the adoption of the resolution in the Senate constituted contempt of court, and adds that untimely elections would be a constitutional violation.
The petitioner has requested the apex court to initiate contempt of court proceedings against the Senate chairman and senators who passed the resolution seeking delay in the next general elections.
Moreover, Jamaat-e-Islami’s (JI) Senator Mushtaq Ahmad Khan has also moved a resolution in the Senate calling for holding polls at their scheduled time, which is expected to be taken up for a vote in the next session.
According to Senator Mushtaq Ahmed Khan, the Senate’s reputation has been tarnished, describing the act of postponing the elections as disrespectful to the institution.
The JI senator contended that the resolution to delay the elections is unconstitutional and contradicts the principles laid out in the Constitution. He asserted that conducting elections is a constitutional obligation entrusted to the caretaker government and the Election Commission of Pakistan (ECP).
Additionally, Senator Mushtaq pointed out that the Supreme Court has already issued a decisive ruling on this matter.
The resolution submitted by the JI lawmaker argued that the postponement of the elections, ostensibly due to law and order concerns and adverse weather conditions, is unconstitutional. He condemned the resolution, characterising it as an attempt by undemocratic forces to evade the electoral process.
According to Senator Mushtaq, delaying the elections could serve the interests of undemocratic forces, jeopardising the democratic fabric of the nation.
The resolution further warned of potentially grave consequences on the country’s politics, democracy, constitutionalism, unity, and integrity if the elections are postponed. It highlighted the importance of upholding the democratic process and called for a reconsideration of the Senate’s resolution in the best interests of the nation.