Stopped taking suo motu notices: CJP

ISLAMABAD: Chief Justice of Pakistan Justice Umer Ata Bandial on Friday while reiterating his resolve to uphold the constitution said that if the government and the opposition failed to come up with a final conclusion then the court will implement in letter and spirit its order of holding elections in Punjab on May 14.

A three-member bench of the apex court headed by Chief Justice Umer Ata Bandail and comprising Justice Ijazul Ahsen and Justice Munib Akhtar heard the petition of Sardar Kashif Khan seeking general elections of the National Assembly and provincial assemblies on the same date.

“We are trying to find a way for the enforcement of the constitution which is conducive for a political and constitutional solution otherwise the court would not sit idle on its verdict for the May 14 polls if negotiations between the political parties failed, the CJP remarked.

Attorney General Mansoor Awan told the court that the coalition government has filed a joint statement in view of its negotiations with Pakistan Tehreek-e-Insaaf (PTI) adding that Farooq H Naek, representing Pakistan People’s Party (PPP) will brief the court on the matter in hand. Farooq H Naek came to rostrum and readout the joint statement of the coalition government adding that the coalition government during the talks with the Opposition (PTI) reiterated holding elections to the national assembly and four provincial assemblies simultaneously to ensure a level playing field to all the political forces of the country. He, however, said that both sides did not agree on the date of dissolution of assemblies. Naek submitted that during the talks, they also apprised the PTI about the current economic situation in the country and the ongoing negotiations with International Monetary Fund (IMF) to which the PTI also agreed as well.

Chief Justice asked Naek as to why the government highlighted the IMF agreement in its reply adding that the issue before the court is purely constitutional and the court has no role in the negotiations and has left the matter to the political entities. Why the IMF package is so crucial for the budget”, the CJP further inquired to which Farooq H Naek submitted “Getting the IMF loan is key for the budget.” He said that the budget can only be passed by the National Assembly and if it is dissolved then no budget could be passed as well. Had the assemblies of Punjab and Khyber Pakhtunkhwa not dissolved, the present crisis would not have emerged, Naek contended. He, however, said that the coalition government was committed to continuing the negotiation process only in the best interest of the nation. Farooq H Naek further submitted the Sindh and Balochistan provincial assemblies were not ready for premature dissolution hence there is a dire need from both sides to show flexibility in talks. He submitted that some more time is needed for arriving at a positive conclusion as success in talks cannot be achieved in a few days.

Chief Justice observed that even if the assemblies are dissolved, the Constitution gives six months’ time for the budget adding that no one could deny the 90-day limit for holding elections stated by the Constitution. “Sure, there were no two opinions on holding elections in 90 days, but the matter at hand was of national and public importance with adherence to the Constitution”, Naek replied. We are just fulfilling our constitutional duties “, CJP remarked adding that they want adherence to the constitution. Naek however, pleaded with the court to review the issue of holding elections in 90 days as he said that no one would accept the election in the absence of an elected government The Chief Justice, however, recalled to Naek that the matter was taken up in February after the court took suo moto notice as well as on the petitions filed before the court but since then the government did not take seriously the constitutional proceedings. You people only stuck to 4/3 verdict and did not accept the court decision”, the Chief Justice told Naek adding that even Justice Athar Minanllah had raised the point of the dissolution of assemblies but you had no interest in this regard.

The Chief Justice said that even the Election Commission had told the court that it was ready to conduct elections if the government provides funds. You are not interested in law but politics”, the CJP remarked but added that they are not politicians but to defend the constitution and to ensure implementation of its order. The Chief Justice further said that even the government did not opt for filing a review petition on the court’s order as well. If there is an adverse situation but the law is also there so should we close our eyes and ignore the dignity of the constitution”, the CJP asked Naek. The chief justice said that under the constitution all the executive authorities are bound to implement the orders of the court in letter and spirit. We want the implementation of our order of holding elections in Punjab on May 14”, the CJP remarked. CJP also said that the court won’t shy away from sacrifices for ensuring the implementation of the law. “The nation’s jawans have given sacrifices and we are ready to do the same.”

Meanwhile, Khwaja Saad Rafique, Minister for Railways also took the rostrum and submitted that although he is not a lawyer and does not know how to speak before the court he will speak the truth, nothing but the truth. He said that there is a lack of trust between the institutions and political parties as well. He submitted that since 2017, severe injustice is being made to them and he was one of the victims of that as well. He, however, maintained that negotiations among the political parties could only resolve the political crisis of the country adding that apart from holding elections in 90 days, the constitution also stressed transparency in the elections as well.

He said that elections were also delayed in the past due to the flood and assassination of Benazir Bhutto adding that if the government did not raise legal points, the court itself should consider them. The PML-N leader stressed that in order to resolve the political and constitutional crisis, the political entities must continue the process of dialogue but added that the suo motu notice by the court in political matters may lead to complications. The Chief Justice appreciated the PMN-N leader for his serious resolve and that they gave up suo moto notice as two petitions were also filed before the court.

The CJP also said elections were also conducted in war times and were also held in Turkey during the earthquake time. The CJP further said that only the issue of funds and security was brought before the court adding that they were given an in-camera briefing on the issue of security as well. Whether the security situation will be normalized by October 8”, the CJP asked Rafique adding that the date for the election was given based on mere assumptions. The Chief Justice asked whether the agreement of IMF is necessary for the budget adding that even in the past budgets were presented in May hence it is not necessary to present it in June.

Meanwhile, Shah Khawar, counsel for the petitioner came to rostrum and suggested that the government should file a review petition on the court order In order to resolve, the present political crisis, he also suggested that both Prime Minister Shahbaz Sharif and PTI Chairman Imran Khan should also join the talks through video link. The Chief Justice, however, said that the two were busy people adding that their representatives were present.

Meanwhile, Barrister Ali Zafar, counsel for PTI submitted that the party agreed to hold elections on one day, provided that the assemblies were dissolved by May 14. He added that their second demand was that elections should be held in the second week of July and the third was that the delay in polls is legalised through a constitutional amendment. He said that the PTI has requested the court to implement its decision of holding elections on May 14, especially as the government did not file a review petition on the court’s decision. The lawyer added that the points raised by Naek were “irrelevant” and they could not go beyond the limits of the Constitution. He submitted that in pursuance of the court’s order, the government has not yet released funds of Rs 21 billion to the Election Commission for holding the elections. He pleaded with the court to implement its order of holding elections on May 14 as well.

Later, PTI leader Shah Mahmood Qureshi came to the rostrum and submitted that his party sincerely agreed to hold dialogues with the coalition government for an amicable solution but the government benches used arrogant words and violated court orders. “The PTI showed flexibility during the talks but there is nothing on the part of the government but defiance”, Qurashi submitted adding that the government side used to take time with the reason that as the coalition government consists of 12 political parties and had to deliberate upon with the leaders of the parties in the coalition. He further said that PTI Chairman asked him why he was giving so much time to the government. He further submitted that they have sacrificed their two provincial governments and questioned whether their two governments were irritating them (PTI). Even the Federal Law Minister once raised the issue of 4/3 verdict which was not the issue before the negotiation process as well”, Qureshi told the court He further said that the government was pushing the matter towards a constitutional crisis adding that he don’t see any further flexibility on the part of government and further rooms for accommodation as well. Meanwhile, Chief Justice said that political parties may continue their dialogue and the court will pass an appropriate order.