According to Justice Munib Akhtar, millions of people’s rights are connected to elections.
ISLAMABAD: The Supreme Court’s Justice Munib Akhtar emphasized the importance of holding elections within 90 days, stating that the rights of millions of people in the country were connected to the electoral process. This remark was made during a hearing of the Election Commission of Pakistan’s petition to revisit the court’s order to hold polls for the Punjab Assembly on May 14.
The bench hearing the plea consisted of Chief Justice of Pakistan Umar Ata Bandial and Justices Ijazul Ahsan and Munib Akhtar, the same bench that had issued the order for the May 14 elections in Punjab.
During the hearing, the ECP lawyer informed the court that the federal and Punjab governments had submitted their responses, but they had not received a response from the Pakistan Tehreek-e-Insaf (PTI) or any other political party. The ECP lawyer requested time to review all the responses, but Chief Justice Bandial asked him to present his arguments in the case. The lawyer argued that the jurisdiction of the ECP’s review petition was not limited to constitutional cases and that the Supreme Court’s jurisdiction could be extended but not reduced.
Justice Akhtar questioned the lawyer about the discrimination in the case of fundamental rights and the ambiguity in the court’s jurisdiction. The ECP lawyer argued that the scope of the review petition could not be limited because Article 184(3) did not provide the right to appeal. The court should consider the requirements of justice in the review process, he added. Justice Akhtar raised concerns about the complications that accepting the ECP’s request would create.
The Chief Justice intervened, stating that a review should not be turned into an appeal since Article 184(3) of the Constitution does not provide the right to appeal. He emphasized the need for clarity regarding the scope of the Constitution. The ECP lawyer requested the court to issue a detailed order to clarify matters.
In response to the ECP’s plea, the PTI submitted a response to the Supreme Court, calling the ECP’s review petition “unjust” and outside its domain. The PTI argued that the Supreme Court’s April 4 order was issued in light of the Constitution when the ECP announced the withdrawal of the election program. The party also rejected the ECP’s claim of breaching the principle of trichotomy of powers, stating that the interpretation and implementation of the Constitution was the duty and obligation of the Supreme Court.
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The PTI further argued against the ECP’s claim of having the power to announce the election date, highlighting the court’s previous verdict on the matter. The party also rebutted the ECP’s argument about the fairness of the general elections, stating that it was a political debate and not within the ECP’s jurisdiction.
The hearing was adjourned until the following day, and the PTI and government continued their impasse over the holding of elections in Punjab and Khyber Pakhtunkhwa. The crisis arose after the PTI dissolved its governments in both provinces, triggering the constitutional requirement for elections to be held within 90 days. The Lahore High Court ordered the holding of polls in Punjab within the stipulated timeframe, but both the ECP and the governor filed an intra-court appeal, seeking clarity on who was responsible for finalizing the polling date.
The Supreme Court took suo motu notice of the delay in announcing elections in Punjab and Khyber Pakhtunkhwa and issued a verdict on April 4, ordering the polls in Punjab to be held on May 14. However, the government failed to release the funds for the elections, leading to further legal battles and appeals. The PTI and the government engaged in talks to reach a consensus on a single date for elections across the country, but no decision was made.
