ISLAMABAD - Once again demonstrating judiciary’s commitment to the continuity of the democratic system, Chief Justice of Pakistan Saqib Nisar on Monday reaffirmed that general elections will be held on time.

The chief justice announced this during the hearing of a suo motu notice pertaining to the ban imposed by the Election Commission of Pakistan (ECP) on recruitments and new development schemes by the federal and provincial governments.

A three-member bench headed by the chief justice and comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan questioned ECP Secretary Babar Yaqoob under what law the polls body had imposed the ban.

The court adjourned the matter for today (Tuesday) to seek opinion of top law officials of the state.

During the hearing, Justice Nisar said the apex court did not want to keep sitting on a matter that could delay elections. “Elections will be held on prescribed period under the Constitution,” he said.

Earlier during the hearing, the chief justice said that the apex court on Sunday had issued orders to appoint vice chancellors of different universities in Lahore but it was informed that the ECP had banned appointments.

The top judge observed the process of appointing heads of some other organisations was also underway, questioning if such a ban would not affect the working of these organisations. He further observed the decision regarding the ban needed justification.

ECP Secretary Babar Yaqoob informed the bench that the ECP was responsible for holding free, fair and transparent elections under Article 218 of the Constitution and Elections Act-2017 also conferred powers on the polls body to impose a ban on new appointments ahead of the elections.

The chief justice asked if the ECP could take such a decision before the dissolution of the assemblies and if such decisions would not affect the government working.

Babar told the bench the federal government had written letters to the ECP, seeking permission for making key appointments which had been allowed. He further said the government might seek permission from the ECP before making important appointments.

The chief justice observed this issue would have to be examined and adjourned the hearing for Tuesday (today), after issuing notices to the attorney general for Pakistan and advocate generals of all the provinces to seek their opinion on the matter.

On April 11, the ECP issued directions banning all appointments by federal, provincial and local governments to ensure transparency in the next general elections. The ECP has also halted development schemes approved on April 1 or later as well as transfer of funds for ongoing projects, including gas and water supply schemes, ahead of the upcoming elections.

“This step has been taken to ensure use of funds only for ongoing development projects and not for other schemes,” the ECP statement read.

Keeping in view the past practices, the commission has also banned the transfer of previously allocated development funds to other heads.

On April 2, the ECP barred public office holders from using public money to promote themselves ahead of the elections.

The ECP had sent letters to the provincial chief secretaries, pointing out the commission was busy with preparations for the upcoming elections and that various stakeholders had complained several public office holders, including ministers, members of the national and provincial assemblies and other leaders, were announcing development schemes and fixing inaugural plaques with their names to woo voters ahead of the general elections.

“Understandably, development schemes such as hospitals, schools, roads, tube-wells etc are executed through public money, therefore, self-projection through public exchequer is by no means acceptable,” the ECP letter had stated.

 

 

VIPs security

The Supreme Court on Monday directed the provincial governments to come up with a mechanism within a week clearly stating who was entitled to state security.

Heading a three-judge bench, Chief Justice Mian Saqib Nisar also observed that Nawaz Sharif should be given security as a former prime minister. The top judge further observed that the court did not want to put anyone’s life in danger.

The top court also sought a comprehensive report from provinces within a week regarding the withdrawal of security from non-entitled persons. 

While taking up the matter of security to non-entitled persons, the chief justice said that the court had taken notice of the misuse of taxpayers’ money and had ordered for withdrawing of security from non-entitled persons.

The judge, however, observed that he had categorically said not to withdraw security from those facing real security threats. He said that security will be provided according to rules.

During the hearing, the chief justice further said that Awami National Party chief Asfandyar Wali complained that his security had been withdrawn.

The chief justice issued directives to look at if Wali needs security.

The top court further observed that 4,610 security personnel had been withdrawn from the security of non-entitled persons in Punjab and their annual expenditure estimated at about Rs1.38 billion.

The chief justice further observed that some personnel of special branch had also been deployed to escort vehicles of non-entitled persons.

During the hearing, Islamabad Police Inspector General Sultan Taimuri told the court that the police department provided security on the directives of the Ministry of Interior.

He further said that 1,246 personnel and four squads have been taken back and now a threat assessment committee is being constituted to examine who deserves the security adding that agencies’ representatives had also been included in the committee. 

The chief justice remarked that he has seen government vehicles being driven by children of government officials in Lahore. “These vehicles have not been bought to be driven by children,” the judge observed.

During the hearing, Sindh government officials told the court that the police department had withdrawn over 5,000 personnel from security duty of non-entitled persons.

However, the chief justice remarked that the statistics were wrong and directing the provincial government to tell Sindh IG AD Khawaja about accurate figures.

 

Elections will be held on time: CJP