KARACHI - The Supreme Court on Saturday issued an interim order in Karachi unrest case, taking a serious notice of Election Commission’s inaction regarding delimitation of constituencies in the metropolis.
In its 27-page order, which includes a six-page additional note by Justice Khilji Arif, a bench declared that it had clearly ordered delimitation of constituencies in Karachi and it was wrong to interpret it as an observation.
The court said the Election Commission of Pakistan did not implement its order and kept the apex court in the dark. It further said the MQM did not pursue its petition related to the case, for which the same has been dismissed.
Justice Khilji said in his additional note that it is the responsibility of the Election Commission to hold transparent and impartial elections.
The order further says that all sections of the society had welcomed the Supreme Court’s suo motu notice regarding Karachi’s law and order situation. One year has passed but the government had not followed the court order in this regard.
The Elections Commission had also been ordered to implement the court order but in vain.
According to interim order, Article 51’s sub section 2 of the Constitution is not related to delimitations. Karachi: Delimitation Act 1973 doesn’t put any check on new delimitations. Moreover, the aforesaid Act also doesn’t limit the authority of the election commission.
The order further says that the Election Commission is authorized to bring changes in the constituencies whenever it liked to do so. Apparently it seems that the Election Commission doesn’t want to change the limits of constituencies, the order said.
The bench in its order observed that prima-facie it is the sheer lack of will and commitment of the Commission or some other unwarranted exigency faced by the ECP, which is the contributing factor in the non-implementation of those observations for such a long period, as the same were not made recently but in the Month of October, 2011.