CJP urges govt, PTI to resume talks for peace

ISLAMABAD    -    Chief Justice of Pakistan Justice Umar Ata Ban­dial Monday urged the federal government and the opposition forces to resume the dialogue for restoring peace in the country.

A three-member bench of the apex court headed by the Chief Jus­tice and comprising Jus­tice Ijaz ul Ahsan and Justice Munib Akhtar conducted hearing of the review petition of the Election Commis­sion of Pakistan (ECP).

In this matter, the bench had issued notic­es to the respondents - Attorney General for Pakistan and Advocate General of the Pun­jab and Khyber Pakh­tunkhwa (KP).

Onset of the proceed­ings, the Secretary Su­preme Court Bar Asso­ciation (SCBA) said that the Association is be­fore the court to show solidarity.

The Chief Justice said that the main conten­tion of the ECP was that if the government pro­vides it funds and the security then it will hold elections, but now the re­view petition has raised new points, which are interesting.

He said that someone else (government), which is con­nected with the funds and the security, can do it. But they have not filed the review petition against the April 4 order.

The apex court on April 4 had fixed May 14 for holding of elections in the Punjab and di­rected the federal government to provide Rs21 billion and re­quired security to the Election Commission. The chief justice said some points need consid­eration and reply.

Barrister Ali Zafar, represent­ing Pakistan Tehreek-e-Insaf (PTI) argued that the ECP is not a political party, but a constitu­tional body, to hold elections, adding that not holding elec­tions as per the Supreme Court order is the constitutional mur­der. He further said that the caretaker governments of Pun­jab and KP are illegal, as 55 per cent of the population were de­prived to elect their representa­tives. He said that the Supreme Court order needed to be imple­mented in letter and spirit.

The Chief Justice said that they would have done it if the Supreme Court was assured and satisfied. He said that the situa­tion outside the Court is very distressing to the political forc­es; whether the executive has aggravated the situation. The public and private properties were damaged and the institu­tions were ridiculed. Look out­side. We have seen the burn­ing of properties. The Supreme Court can’t close its eyes. Let po­litical temperature subside.

He said that in times of dif­ficulty, Allah advises patience instead of retaliation. He add­ed that the federal government seems helpless and the peo­ple are jumping over the fenc­es but “we are performing our functions.”

Ali Zafar said that the matter before the Supreme Court is not a question of choice but a ques­tion of duty. The Constitution is not being implemented. 

Justice Bandial said, “I have seen the photographs of peo­ple injured in the clashes.” He added, “We want peace and progress in the country.” He further said that the elections are the basis of democracy and democracy can function with the rule of law. 

Justice Bandial further said; “I suggest to the executive and to you (PTI) to search for high moral ground in order to re­ceive the kind of devotion that you expect. When there is may­hem outside, who will enforce the Constitution. We speak in the air.”

Barrister Zafar said that the court has suggested a dialogue. He remarked that how the dia­logue could be held in the situ­ation when two members of the PTI Committee were arrested, other PTI leaders are also in po­lice custody. Dialogue is not pos­sible and now the time is for the implementation of the Constitu­tion mandate, he said.

The Chief Justice said that why can’t both sides resume di­alogue. You (PTI) need to coop­erate. 

Attorney General for Pakistan Mansoor Usman Awan submit­ted that he was the first person who had proposed that a solu­tion of the situation needed to be found on the dialogue table. I have asked that little time be given. He said there are good people like Ali Zafar and Shah Mehmood in the PTI.

The CJP said that the dialogue was going on but suddenly it ended. He said whatever had happened last week should not have happened. Zafar said that the way Imran Khan was mis­handled within the premises of the Islamabad High Court was illegal. Why was something il­legal committed by the author­ities? The attorney general said how you (Zafar) can counte­nance what had happened after the PTI arrest.

The Chief Justice asked Ali Za­far to start a conversation and allow the dialogue sometime. “Rhetoric is damaging.” He said; “We would not talk about poli­tics, adding that it is the mat­ter for the politicians to decide through consultation, discus­sion and dialogue. He added that the Supreme Court does mechanics and we see the con­duct. The Supreme Court is here to defend and protect the rights of people. “People will be hap­py if there is peace in the coun­try.” See the economic situation, adding because of the hurdles created on Motorways the busi­ness is stuck. 

The CJP said that we have to be patient and calm. The Court has not just to see the Constitu­tion but the circumstances. He asked Zafar, “Does he think that the court is not aware about holding elections in 90 days? He said Justice Ajmal Mian had stated that the elections can’t be held in war. “If the calm is restored then the Constitution will work. Let’s hope for a bet­ter situation.

Justice Bandial asked Za­far to tell his client to sup­port dialogue. You have petty points to avoid the real issue. You have not come forward. There was reluctance of your client. 90 days and the date of May 14 are sacrosanct, but high moral ground is also sac­rosanct. You have to persuade the apex court with your con­duct. Things will be repaired. He said both sides are politi­cal parties, which are mature and strong.

Later, the bench deferred the hearing of the case till the next Tuesday.