ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial urged the federal government and the opposition on Monday to resume dialogue in order to restore peace in the country, as the Supreme Court adjourned the hearing on the Election Commission of Pakistan (ECP) plea in the Punjab polls case for one week.
A three-judge bench led by CJP Bandial and comprised of Justice Ijazul Ahsan and Justice Munib Akhtar heard the case after the apex court’s May 14 deadline for holding elections expired.
The top court’s secretary appeared before the court at the start of the hearing and stated that the Supreme Court Bar and advocates were in support of “and express full solidarity with the judiciary.”
Chief Justice Bandial maintained that the Election Commission of Pakistan (ECP) had not previously adopted its current position, and questioned whether issues not raised previously could be raised during the ongoing hearing.
He said it would “be appropriate” for someone else to bring up those points because the electoral watchdog did not bring up the issue of judicial jurisdiction. He went on to say that the federal government could have raised the issue but did not submit a revision.
The court issued notices at the request of the ECP.
The Pakistan Tehreek-e-Insaf’s (PTI) lawyer said that the scope of the review was “limited”.
Ali Zafar, counsel for the PTI, argued that new points could not be raised in the revision petition. CJP Bandial, on the other hand, stated that if the petition was “admissible,” the court wanted to hear the ECP’s position.
Justice Bandial went on to say that provincial governments and other political parties would be served with notices and heard in the case. He went on to say that some points were under consideration and would be decided later.
The ECP’s counsel Advocate Sharjeel Swati countered that the scope of revision was not limited and jurisdiction could not be limited in constitutional cases.
The CJP reminded him that new points could not be raised in the review.
Ali Zafar stated that May 14 – the date for Punjab polls – had passed and the Constitution had “died”. He said that the caretaker governments were not “unconstitutional” and the court should follow its decision.
The chief justice said the decision would be implemented after it was finalised.
The chief justice stated that the election commission’s stance was that it would conduct elections if given the resources. He continued that the ECP had now opened the “Pandora’s Box”.
“The implementation of the Constitution is my duty. Who will implement the Constitution in the current environment?” he asked.
Justice Bandial maintained that he had requested high moral standards from both the government and the opposition. In February, he said, a party was “violating” the Constitution.
The case’s next hearing has been postponed until next week.
PTI lawyer Ali Zafar contended that one week was “too long,” but the CJP stated that the court had another “important matter” tomorrow.
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According to Justice Bandial, if the court had known that election day had arrived, it would have acted quickly. He went on to say that the way political forces were working was “not right.”
“People are losing their lives. Institutions are under threats. People’s private and public property is being damaged,” he stated.
He then questioned why the Attorney General for Pakistan (AGP) Mansoor Awan did not restore the negotiations, to which Ali Zafar said that two members of the negotiation team had been arrested.
The PTI lawyer continued that all PTI leaders were under arrest and questioned what negotiations could be taken under such an environment.
“Now there is no negotiation, only the implementation of the Constitution,” he said.
The AGP said that both parties were brought to the table after a lot of effort and that there was a consensus among the parties. He maintained that the problem could have been solved if it was given some time.
AGP Awan said that he was consistently advocating for holding a dialogue. The CJP once again wondered why the government did not file a review petition against the April 4 order.
The chief justice also asked PTI to take high moral ground in the present situation. He further asked the PTI counsel who would accept the result if elections are held in such polarised conditions.
He said that the Constitution protects people’s rights, which could come through peace. The CJP said that the matter would be taken up next week.
