Justice Bandial says political rivalry needs to be reduced to ensure free, fair elections in Punjab and KP n Imran Khan and other parties will have to give undertaking in writing for ensuring political tolerance.
ISLAMABAD - The Supreme Court of Pakistan Wednesday sought the input of Ministries of Defence and Interior on time-frame for security situation to improve for the elections in Punjab and Khyber Pakhtunkhwa (KP).
A five-member bench of the apex court headed by Justice Umer Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Amin-ud-Din Khan, and Justice Jamal Khan Mandokhail on Wednesday heard the Pakistan Tehreek-e-Insaf (PTI) petition to set aside the ECP order dated 22-03-23 to delay the Punjab elections.
During the hearing, the Chief Justice said efforts should be made by all sides to maintain peace and calmness in the society. The intolerance, bitterness and animosity have risen in the society. He added that as result of political conflict, the State institutions have to get involved though they must not be entering in to political debate.
Justice Bandial said that political rivalry needs to be reduced and conducive environment be created. You need to be fair for free and fair elections. You need to be sportsman. If you are gladiator, you will chop all.
Attorney General Mansoor Awan stated that after the 1997 elections there were allegations of rigging, but both sides (opposition and government) show political maturity, adding the political maturity required that we all sit together.
The Chief Justice said that we have to control the anger. Chairman Pakistan Tehreek-e-Insaf (Imran Khan) would have to give undertaking in writing. There must be someone from the other political parties to give the commitment.
Justice Bandial said that the object of the proceeding is to keep the constitutional course and not to benefit any side. He said that democratic right was exercised by the chief minister of the two provinces. Their decision may be untimely, or in hubris they did it. Rollback is not permissible.
The Supreme Court asked the Ministries of Defence and the Interior to inform what is the shortest possible time when the security situation would improve so that elections in the Punjab and Khyber Pakhtunkhwa could be held. There should be no long timeframe for polls. There should be reasonable date. The Chief Justice noted that one day (March 22) before the announcing of Election Commission of Pakistan order to postpone elections in the Punjab and the KP army Brigadier was assassinated in South Waziristan. The AGP informed that 540 lives, both civil and armed forces, were lost till March 14.
Justice Bandial said that despite the internal strife the elections were held in Ireland. Ali Zafar stated that during the Iran-Iraq war the elections were held in Iran.
Earlier, Justice Jamal Khan Mandokhail said that due to his statement (this is our internal matter) confusion was created, and media reported his statement out of the context. He stated that he talked about internal matter in relation to the administrative power of the chief justice that they would request the CJP to call the meeting of the Rules Making Committee to examine the SC Rules.
Justice Jamal said the two judges (Him and Justice Mansoor) have passed short order and the detailed judgment. He said four judges have dismissed the suo moto and the petitions regarding the elections in Khyber Pakhtunkhwa and Punjab, adding the order of the court on suo moto was of four members, but the chief justice has not issued that order.
He said that when there is no order of the Supreme Court in the field then how President had given date (April 30) for the Punjab Assembly elections. “I stand by the brief and detailed decisions I gave,” Justice Jamal added.
He said that in five-member bench though they (Him and Justice Mansoor) were in minority and written dissenting notes, unwillingly signed the order of the majority (3 judges). He said when there was no Court order i.e. of the four members of the 7-judge bench then how the President announced the date for the Punjab general elections.