Justice Bandial says there will be consequences if court order is not complied with n ‘We want political forces to sit down and find out solution of present political crisis’ n Says ‘Our neighbour (Parliament) is criticizing us, but we will not respond to political statements.
ISLAMABAD - Chief Justice of Pakistan Justice Umar Ata Bandial Friday announced that the Supreme Court will give an ‘appropriate’ verdict in the petitions related to the elections.
A three-member bench of the apex court headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijaz ul Ahsan and Justice Munib Akhtar conducted hearing of the petitions of Sardar Kashif Khan and others.
During the hearing, the CJP said that they cannot close their eyes on constitutional mandate, which talks about holding of elections within 90 days. He added that no one has challenged the court’s order to hold elections in Punjab on May 14. He further said that under the Constitution all the organs of State function and the executive are bound to implement court’s order, if it does not comply the court’s order then there will be consequence of it.
He continued that they wanted that the political forces sit down and find out the solution of the present political crisis. Therefore, in good faith they have shown restraint. He added that they want the country make progress. He said that there have been wars in many countries, and cited the example of Turkey, where earthquake devastated the country, saying despite the earthquake the elections were held there.
The Chief Justice said that the nations show the determination to follow the Constitution and law. He questioned that why date of October 8 is so significant. He said that it was not Court’s intention to pass any direction or order. He said still the government has not filed review petition against our order dated April 4, 2023. He said that it is argued that so far the matter be left to the political process but he added that they would pass an order. He said that the court is facilitating a process, and asked Shah Mehmood that the date will be finalised, but for a date there must be any criteria.
He said, “Our neighbour (Parliament) is criticizing us, but we would not respond to the political statements.” He added, “We have taken oath to protect and defend the Constitution.” Khawaja Saad, appearing on behalf of the government negotiations team, said that no one wants conflict between the institutions. He told that the other side is not willing to show flexibility as they (govt) have made endeavour, and it is also the desire of the apex court that the matter be resolved through dialogue. Both sides have to be serious and come up with some solution. He said that if the elections are held in the Punjab now then there will be dire consequences as when the National Assembly elections will be conducted then in Punjab there will be government and not the caretaker government. He emphasized that there is trust deficit among the institutions, and complained that since 2017 the Supreme Court had been vindictive to his party and other parties in the government.
He said that surely the Constitution demands that the elections should be held within 90 days after the dissolution of the assembly. However, the other provisions demand that the elections be held in free, fair and in transparent manner. He said if the Punjab elections are held now then it would enhance bitterness among the people. The winning parties may like the elections, but other parties would not accept it, then another crisis would emerge. The PML-N leader said that the country could be saved from crisis if the elections are held same day across the country. The Pakistan Democratic Movement (PDM) which comprises 13 political parties wanted the elections are held simultaneously. He requested the Court to take suo moto to add those things which were left out by the government, adding the Court had been taking suo moto on many issues, so why not a suo moto on some point which the Attorney General for Pakistan and other lawyers could not point out earlier. The Chief Justice said that they have stopped taking suo moto. Kh Saad said that the Court had been taking suo moto and as a result of suo moto, the Court asked for holding elections in the Punjab. The judge said that the government has not taken the matter seriously adding that now examine this aspect, which was highlighted in Justice Athar Minallah’s order to revive the provincial assemblies of the Punjab and Khyber Pakhtunkhwa. Farooq H Naek said that the court had not listened to the government.