ISLAMABAD: Hearing a plea for initiating contempt of court proceedings against the prime minister for not holding the local bodies (LB) elections in the cantonments, the Supreme Court on Friday observed that proceedings may be initiated against the country’s chief executive, if needed. A two-member bench, headed by Justice Jawad S Khawaja, heard the case and sought the assistance of Attorney General for Pakistan (AGP).Raja Rab Nawaz, advocate, had filed a petition with the apex court, seeking initiation of contempt of court proceedings against the prime minister for not holding the local bodies elections in the cantonment boards countrywide. He requested the court to issue a notice to the respondent (Nawaz Sharif) for violating the court order. The court, however, in its orders ruled that at the moment it would not issue a notice to the chief executive of the country but asked the Attorney General Salman Aslam Butt to assist it in the instant matter so that appropriate proceedings could be initiated. The bench said the Constitution must be thrown into the dustbin if the government was not willing to honour its orders. “You should assist us if our order was violated?” Justice Jawad S Khawaja asked the attorney general. “But we will not refrain from taking an important step as well,” Justice Khawaja added while addressing the attorney general. Earlier, during the course of hearing of local bodies elections, the court observed that the Constitution had empowered the Election Commission of Pakistan (ECP) to exercise its power by holding the local bodies election but for the last five years it had failed to perform its function. The court observed that after going through the relevant provisions of the Constitution, the ECP was bound to ensure the holding of local bodies election.The court observed that it was the duty of the ECP to hold the local bodies elections in terms of sub-Article 140A (1). Justice Jawad S Khawaja repeatedly asked the counsel for the ECP as to who was responsible for delaying the local bodies election during the past five years.“The Constitution has established an independent body to hold general and local bodies elections so you should announce the date for the local bodies elections and if any province or an individual may raise an objection, they could approach the court,” Justice Jawad remarked. “Nobody can come your way and if someone may raise an objection, they should come to us,” he further told the ECP counsel.Akram Sheikh replied that there had been reluctance on the part of respective provincial governments for not holding the elections. On this, the court asked him to read out the relevant articles of the Constitution. He further said although he was representing the ECP, he had also been assisting the court since the instant matter had been taken up. Akram Sheikh further submitted that the court should direct him not to care about any law and then he could announce the date for the local bodies election. “You don’t need any direction of the court but the Constitution authorises you to perform your constitutional duty,” Justice Jawad told Akram Sheikh.On the direction of the court, Akram Sheikh read out some provisions of the Constitution which obligated the Election Commission of Pakistan to perform certain functions. The court in its order observed that it was most significant that after the 18th Amendment, the Election Commission of Pakistan had been charged with holding the general and local bodies elections. The court ruled that articles 219 and 220 stipulated that all executive authorities in the Federation and provinces had to assist the ECP in discharging its functions.The court ruled that under Article 222, delimitation of constituencies shall be done by the Election Commission of Pakistan and the power specified by the Constitution and made subject to the Constitution. The court ruled that the duty imposed on the ECP under Article 219 (D) was the obligation of the ECP itself and even if the provinces were to perform its legislative or executive duties, the failure of such duties cannot stop the Election Commission from performing its duties as required in Article 219 (d) of the Constitution. The court further ruled that empowerment of people was the obligation of holding general and local bodies election, adding that for the last five years the citizens of Pakistan had been deprived of their right to franchise.“But we are surprised that the Election Commission of Pakistan has been reluctant in fulfilling its constitutional obligation,” the court ruled. Advocate General Sindh Mir Qasim Jut told the court that the Sindh government had signed the bill on the local bodies law. Meanwhile, the court directed the advocate generals of Sindh, Punjab, Khyber Pakhtunkhwa and the Election Commission of Pakistan to come up with the final dates for holding the local bodies elections and adjourned the hearing till March 3.
