Issuing orders on govt’s assurance was a mistake: SC

ISLAMABAD: Seeking the federal government’s categorical reply to the holding of local bodies (LB) elections in Islamabad within 24 hours, the Supreme Court (SC) on Tuesday warned that if it got no reply, then a final order will be issued for the holding of the elections.
A three-member bench, headed by Justice Jawwad S. Khawaja and comprising Justice Sheikh Azmat Saeed and Justice Maqbool Baqar, heard the case of the Islamabad LB polls slated for July 25.
Justice Jawwad S Khawaja remarked that it was binding on the government to enact laws for the residents of Islamabad.“The LB polls will take place and will take place at all costs. If they cannot take place on July 25, then they will be held on July 27 or 29 or in August.
“We committed a major mistake by issuing orders for holding LB polls on the government’s assurance. If the government cannot legislate, then it should tell the residents of Islamabad that LB polls are not their right. The clarification for holding LB polls in the provinces is laid down in Article 140 A. If any legal vacuum exists, it can be filled,” Justice Khawaja observed.
Deputy Attorney General (DAG) Amir Rehman told the court that the 1979 law was confined to holding LB polls in the urban areas while these could he held in both rural and urban areas under the 2002 law.
He said since the Senate was in session, the court should give time. Some solution in this respect will be found, he added. When Justice Sheikh Azmat Saeed asked the DAG and counsel for the Election Commission to explain the laws of 1979 and 2002, both could not give a satisfactory reply.
Expressing resentment, Justice Sheikh Azmat Saeed remarked: “It is such a sensitive matter but it has been handed over to untrained persons. It seems the government is not serious in the matter.”
The court gave 15 minutes to the DAG to furnish a notification of the 2002 LB polls.The DAG got back after 15 minutes only to tell the court that the said notification was not available.
The court remarked: “We can give you no more time. You should talk to the government within 24 hours and ask in categorical terms under what laws they want to hold polls. This should be presented in writing. If no reply comes, then the court will announce its final order.” The court adjourned the hearing till today.