Imran stirred constitutional crisis: SC

ISLAMABAD: The Supreme Court on Friday directed the federal government to ensure the conduct of general elections on February 8, 2024, besides ordering the Election Commission of Pakistan (ECP) to issue a schedule for the elections as well.

A three-member bench of the apex court headed by Chief Justice Qazi Faez Isa and comprising Justice Athar Minallah and Justice Amin-ud-Din Khan disposed of the constitutional petitions, seeking the holding of timely elections in the country within 90 days of the dissolution of assemblies as guaranteed by the constitution. Pakistan Tehreek-e-Insaaf (PTI) President Supreme Court Bar Association Abid S. Zubairi and others had moved the apex court seeking timely elections within the stipulated time of 90 days of the dissolution of assemblies.

The bench had directed Attorney General Mansoor Usman Awan the other day to arrange a meeting between the Election Commission of Pakistan and President Dr Arif Alvi pertaining to the holding of general elections. Chief Election Commissioner Sikandar Sultan Raja and Attorney General Mansoor Usman Awan held the meeting with the President Dr Arif Alvi. After the meeting, it was unanimously agreed that polls would be held on February 8, 2024. On Friday, the Election Commission of Pakistan (ECP) submitted before the court notification confirming February 8 as the final date for general elections.

Dictating the order, Chief Justice Qazi Faez Isa noted that the electoral body has issued a notification of holding the general elections on February 8 to which no party has any objection. The court noted that admittedly, the National Assembly was dissolved on the advice of the prime minister on August 9, 2023, after which the date of holding election was to be announced under Article 48(5) of the constitution and Section 57 of the Election Act, 2017. Apparently, an impasse took place between the President of Pakistan and the Election Commission of Pakistan (ECP) over appointing of date for holding elections, the court noted in its order.

The order noted that PTI’s Barrister Ali Zafar pointed out to the court that a letter written by the President on 13-09-2023 was addressed to the Chief Election Commissioner asking them to seek guidance from the superior judiciary for the election date. The court was informed by the ECP counsel that neither the members of the ECP nor the CEC responded to the said letter.

The CJP also noted that the country was put through anxiety by not giving an election date. “There were also fears that elections won’t take place at all,” he said. The president’s letter and the ECP stance placed the Supreme Court in an awkward position as neither the constitution nor any law empowered the Supreme Court to determine any election date, the court noted in its order.

The CJP stated that this is surprising that the President has sought guidance in a matter with which neither the apex court nor any court has any concern. “If the President needed the Supreme Court advice he could have sought it under Article 186 of the constitution”, the court further noted.

The order said that the holder of any constitutional office and the constitutional body which includes the President and the ECP must do what the constitution requires them to do. The CJP further stated that the court should not adopt the role of (other) institutions, adding that the SC only facilitated the ECP and president in reaching a conclusion.

He stressed that with higher posts come greater responsibilities, and both the president and ECP were responsible for implementing the Constitution. The court further noted that incidentally 15 years ago another constitutional transgression took place which has grave and long-lasting effects and the transgression continues to date. It is time not only to abide the constitution but also to learn from the chequered history of constitutional transgression, as each and every constitutional transgressional has calamitous effects on both people of Pakistan and the country, the court noted.

Without naming Imran Khan, Justice Isa said that by dissolving the National Assembly following the no-confidence vote, Imran Khan had created a constitutional crisis. “But the President on the purported advice of the Prime Minister dissolved the Assembly, which had to be addressed in suo motu case”, the court noted.

The court further noted that a five-member bench comprising the then Chief Justice and the judges of the SC unanimously held that the advice of the prime minister was unconstitutional and unlawful. It was further held that the Prime Minister and the President invoked the power not vested in them. He also recalled that a judge had previously suggested the president be tried under Article 6 (treason) of the Constitution.

The people of Pakistan deserve election and it is with utmost humility we have a small hand in ensuring that the President and the ECP meet, which was facilitated by Attorney General for Pakistan Usman Mansoor Awan, and the matter was resolved to the satisfaction of all”, the court noted in its order.

Earlier, the Attorney General submitted before the court minutes of the meeting of the President held with Chief Election Commissioner Sikandar Sultan Raja. The Chief Justice noticed that the minutes of the meeting bore no signature and hence asked AG to get the signature of the president. The Chief Justice stressed that the court does not want to leave any grey area. Later on, the AG filed the signed meeting minutes of the President with the court.