Population census a constitutional requirement, not tradition: SC

Rejects govt report on holding census in March 2017;
says no need of army for holding census in 90 percent areas

ISLAMABAD: The Supreme Court on Thursday observed that population census is a constitutional requirement not a tradition.

The apex court said every institution has an active role in good governance, hence an impression should not be given that for every work, the government needs the help of the army. The court held the government responsible for delaying the population census in the country and expressed dissatisfaction over the government’s report pertaining to holding of census in the country in March 2017, directing the federal law officer to submit some additional documents with the report by August 31 and summoned the attorney general in person to assist it.

The court directed the secretary Pakistan Bureau of Statistics (PBS) to submit documents in defence of delay in census in the country. A three-member bench of the apex court headed by Chief Justice Anwar Zaheer Jamali resumed hearing in a suo moto case regarding delay in the population census in the country. During the proceedings, the court questioned as to whether population census held only under a specific institution would be considered as credible.

“We don’t intend to give an impression that we are against the engagement of armed forces in exercise of census for its credibility,” Justice Jamali observed, but said that every institution has an important role in good governance, hence, this impression should be avoided that for every step the government needs Army’s help.

In the report submitted before the court, it was informed that the government has decided to carry out census in the country possibly in March 2017.

In pursuance of the court’s earlier order in the matter, the attorney general’s office on behalf of the federal government submitted that the Statistics Division/PBS has approached the Defence Division for holding a meeting to review the availability of armed forces for census operation so that a comprehensive plan in respect thereof could be submitted to the Council of Common Interests (CCI) and the Supreme Court.

The court was informed that the matter of census is now in part-II - 9 of the 1973 Constitution and falls within the purview of the CCI. The court was also informed that the CCI decided on 25th March, 2016 that “efforts should be made to conduct census in the year 2016 subject to availability of required armed forces personnel in order to ensure transparency and credibility”. The CCI further decided that “Statistics Division shall remain engaged with all stakeholders including Ministry of Defence for availability of required armed forces personnel and shall keep the CCI updated”.

On Thursday, the chief justice during the hearing declared the government’s report giving timeframe for holding census just a piece of paper and remarked that now no paper work would be acceptable and practical measures should be taken. The chief justice further observed that holding of census after every 10 years is a constitutional obligation.

The chief justice said that the incumbent and previous governments were responsible for delaying the population census, adding that if census were not held, no delimitation of constituencies could be conducted and consequently no election could be held.

Justice Qazi Faiz Isa observed that there was no need of Army for holding census in 90 percent areas of the country, questioning as to whether Army would also be brought in Islamabad for holding census.

Additional Attorney General Rana Waqar told the court that no timeframe has been given in the law for holding census, adding that carrying out population census was the decision of CCI.

Qazi Faiz Isa asked the additional attorney general to tell that the government cannot ensure its constitutional obligation. “If the government cannot do its work then the whole system would be handed over to Army,” Justice Isa questioned the federal law officer, adding that census could be carried out in phases and there was no need to call the Army while carrying out census in every area.

Justice Jamali asked the law officer to point out in the law wherein it was mentioned that census could not be held without the availability of armed forces.  “How it would be assured that next year the Army would be available for carrying out population census in the country,” the chief justice asked the additional attorney general, adding that census is the foundation of democracy while the Election Commission requires at least three years for conducting delimitations.

The chief justice further said that those having personal interest may favour holding of election not well on time, hence this impression should not be given that without Army, census could not be held. The court noted that according to government’s report, the Army did not refuse to provide its personnel but suggested for taking some more measures before carrying out census.

Chief Statistician of the Division Asif Bajwa told the court that census could not be held in piecemeal and it has to be done all over the country at the same time. He said that they were exploring the possibility of holding census through different means and for that an international conference of the experts was held last month in Islamabad.

Meanwhile, the court while expressing dissatisfaction over the report directed additional attorney general to submit some additional documents with the report and adjourned hearing till August 31.