Justice Bandial says political side still has time to negotiate, and to settle rather to create yet another issue, otherwise the Constitution allows to hold election within 90 days n We are not here to create difficulties or crisis n CJP remarks if Army is engaged in security issues then Navy or Air Force can be involved for election security n Funds can be arranged by reducing salaries of govt employees or judges n Appreciates ECP idea of holding national and provincial assemblies elections on the same day.

ISLAMABAD    -    The Supreme Court of Pakistan Mon­day reserved its verdict, which will be announced today, against the Election Commission of Pakistan or­der to delay general elections in the Punjab province till October 8.

A three-member bench of the apex court headed by Chief Justice of Pa­kistan Justice Umar Ata Bandial, and comprising Justice Ijaz ul Ahsan and Justice Munib Akhtar conducted hearing of the Speakers Punjab and KP and the Pakistan Tehreek-e-Insaf (PTI) petitions. During the hearing, the Chief Justice said; “The political side still has time to negotiate, and to settle rather to create yet anoth­er issue.” The apex court has to cre­ate balance, adding; “We are not rig­id.” The CJP noted that the situation is not only tense inside the court­room, but the outside of the court as well. He said that the parlia­ment could have lowered the temperature.

He said that unfortunate­ly there is no political dialogue therefore the case was brought to the Supreme Court. The bur­den is on the federal govern­ment to show that the obsta­cles would be attended to in the shortest possible time.

Justice Bandial said that we are not here to create difficul­ties or crisis. He adds, “If sad inci­dents occur during the elections then blame would come on the court.” The CJP continued that the political forces have respon­sibilities towards people. Politi­cal dialogue needs to be initiated and commitment be given to the Court otherwise the Constitution mandates to hold elections with­in 90 days is very clear.

The bench noted that the Pres­ident performs his functions on the advice of the Prime Minister, whether he is elected or caretak­er PM. The chief justice then in­quired from the PTI lawyer Bar­rister Ali Zafar how the President could unilaterally give date for the elections for the Punjab As­sembly. Ali was ordered to file written note on it. The bench said the ECP lawyer has shifted the entire burden on the finance and defence secretaries that they are ready to perform its constitution­al duty and to hold elections on April 30 if the funds and securi­ty is provided to the Commission.

The bench did not allow the counsels of the Pakistan Muslim League-Nawaz (PML-N), Paki­stan Peoples Party Parliamentar­ian (PPPP), and Jamiat-e-Ulema Islam-Pakistan (JUI-P) to present their arguments. 

Justice Muneeb told them that on one hand the parties have an­nounced to boycott the proceed­ings, but their lawyers wanted to make submission.

Farooq H Naek, representing the PPPP, said that they have not boycotted the proceedings. How­ever, Justice Muneeb said that the three parties have announced to boycott in a meeting. He asked the lawyer to see the PML-N on the Twitter. Justice Muneeb fur­ther told Naek that the parties are showing no-confidence on the bench. “How will you pres­ent your arguments if you don’t have confidence in us?” the judge asked. The court would only hear the counsel if they withdrew the statement. However, the counsel declined to do so.

Earlier, Attorney General for Pakistan Usman Mansoor Awan, argued that the PTI petition was based on the SC’s March 1 ver­dict, in which the apex court had instructed the president to se­lect a date for elections in Pun­jab and the governor to appoint a date for polls in KP. 

The apex court, had in a 3-2 verdict, ruled on March 1 that elections in Khyber Pakh­tunkhwa and Punjab — both of which have been under caretak­er governments since the pro­vincial assemblies were dis­solved in January — should be held within 90 days.

The AGP contended that Jus­tice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokha­il in their joint note had raised objections on the constitution of the bench as well as the in­vocation of the apex court’s suo motu jurisdiction by the chief justice. He said that earlier Jus­tice Yahya Afridi and Justice Athar Minallah, being member of the nine-member bench had dismissed the petitions.

Justice Munib stated that if the “logic behind the 4-3 ver­dict” was accepted, the matter would be referred to the same nine-member bench that was first constituted to hear the elec­tions suo motu proceedings. The decision then would either be of the five-member bench or the nine-member bench, he added.

The attorney general asked the bench that before proceed­ing on the matter decide about the fate of a three-judge bench order, which was authored by Justice Qazi Faez. He also re­called, “Even in 1988, elections were postponed on the orders of the court,” adding that court or­ders were issued on the basis of “ground realities”. The attorney general requested the formation of a Full Court to hear all his sub­mission. He asked the chief jus­tice that if the Full Court is not constituted then at least form a bench comprising of those who have not heard this case.

The CJP told the AGP that the order you are referring (March 1) has been implemented. Jus­tice Ijaz said that the actual mat­ter under consideration was the ECP’s decision to postpone elec­tions, noting that the commis­sion was bound to follow the court orders.

Irfan Qadir, representing the ECP, also made the same sub­mission. He further said that the elections of all the provincial as­semblies and the National As­sembly should take place on one day in order to save the financial and other sources.

During the hearing, the secre­taries of the finance and defence ministries briefed the court and submitted their respective re­ports. The AGP told the court that the matter was sensitive and re­quired an in-camera hearing to which the CJP directed Awan to submit the relevant files in court, saying that the bench would analyse them.

Justice Bandial remarked that the matter concerning securi­ty was not just limited to the army but also the navy and the air force, saying that when the armed forces were busy, help could be sought from the other two or the reservists.

“The ECP says 50pc of the poll­ing stations are safe. Every unit or office in the army is not for battle. The court has to do what can be done in an open court,” he said, noting that if “any sensitive thing comes forward”, the judges will hear it in the chamber.

The CJP also inquired about the exact number of security person­nel required during the polls, to which Awan responded that ev­erything was “on record” and that the ECP had given reasons for its decision.

The CJP asked Defence Secre­tary Lt Gen (retired) Hamooduz Zaman that they were asking him to provide the sensitive informa­tion. “Tell us the overall situation. For now, give us [information] about Punjab because there is no [election] date for KP,” he noted.

“Are the security conditions in Punjab serious?” he asked from the defence secretary, to which he said, yes. “I cannot tell the de­tails in an open court [as] we do not want the details to reach the enemy,” Gen Zaman said to which the CJP said that the report could be submitted in an envelope.

Additional Finance Secretary Amir Mehmood explained that the Planning Commission re­leases funds as per the Pub­lic Sector Development Pro­gramme (PDSP). 

Talking about this fiscal year’s budget, he said that no cut was placed on the development funds. “New taxes were imposed to collect billions.”

Justice Munib inquired about the increase in the percentage that could be witnessed in the budget by releasing Rs170 bil­lion. “Is it not possible to set aside Rs20 billion out of a bud­get amounting to trillions?” he remarked.

The Chief Justice asked; “Can the salaries [of government of­ficials] not be reduced?” “Why don’t you start by reducing the salaries of the judges?” He said if there was a legal impediment, the court would end it, suggest­ing that a five per cent salary cut could be made in three phases. He appreciated the idea of the Election Commission of Pakistan that the elections of the National Assembly and the Provincial As­semblies to be held on the same day. We have Punjab and the KP Assemblies dissolved pre-ma­ture. The dissolution is there. 

He further said that when the President or the Governor can give the date for elections then there is Court in the coun­try. There are threat alerts. Why they want to choose the judges of their choice. However, the attor­ney general said that no one said that, but they have requested the bench to constitute Full Court or large bench to resolve the issue whether the judgment of March 1, 2023 is of 4 – 3 or 3 – 2.

The judge said that one has to show restraint and patience. Re­member that we have to show respect to each other, parlia­ment and the government. “We respect these institutions.” One expects that in this turmoil, eco­nomic crisis and the difficul­ty. When we have this situation then adopt the dialogue.