Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday asked the government and opposition to initiate dialogue once again on holding elections in the country.
He made these remarks while hearing the Election Commission’s petition seeking revision of the top court’s April 4 order of holding elections to the Punjab Assembly on May 14.
A petition was presented before the court one day after the expiration of the court-ordered election deadline. Interestingly, this hearing coincided with a protest organized by the Pakistan Democratic Movement (PDM) outside the Supreme Court (SC).
The demonstration aimed to voice grievances against the judiciary, accusing them of exhibiting bias towards Imran Khan, Chairman of Pakistan Tehreek-e-Insaf (PTI).
Other judges in the bench included Justices Ijazul Ahsan and Munib Akhtar. This very same bench had previously issued the order for Punjab elections to be conducted on May 14.
The convergence of these events highlights the significance of the petition hearing, which took place amidst a contentious political climate and public demonstrations.
During the hearing, the CJP said the ECP had previously raised concerns about funds and security. However, he highlighted that on this occasion, the ECP had raised a question about the court’s jurisdiction.
Expressing his surprise, the CJP questioned whether the ECP could introduce new points that were not raised before, suggesting that it had opened a Pandora’s box.
The PTI Counsel Ali Zafar contended that the review petition had limited scope and could not introduce new points.
Zafar urged the court to enforce its April 4 order, pointing out that May 14 had already passed, and he expressed concern over the alleged unconstitutionality of the caretaker governments in Punjab and Khyber Pakhtunkhwa.
In response, the CJP asserted that the order would be implemented once it was finalized, indicating that it carried significance and would be upheld.
The CJP then said that the court wanted to hear the ECP’s arguments on the maintainability of the petition. He said that notices would also be issued to the provincial governments and other political parties.
Justice Bandial also expressed his dissatisfaction with the way political powers were functioning, remarking that their current modus operandi was “not correct”.
“People are losing their lives. Institutions are facing risks and threats,” he said. “My advice to everyone is to play a role in bringing about a peaceful environment.”
In an apparent reference to the protesters gathered outside the SC, Justice Bandial said, “Look at the situation outside the SC. What is happening outside, who will implement the Constitution?”
Justice Bandial continued his remarks, expressing concern over individuals “scaling the gates” and the apparent assistance provided by the federal government in such actions.
He emphasized that the Constitution serves as the foundation of democracy and stressed the importance of maintaining peace throughout the country.
In addition, he drew attention to the distressing situation where national institutions and assets were being set ablaze. Despite these alarming developments, Justice Bandial reaffirmed the judiciary’s commitment to fulfilling its duties diligently and responsibly.
He then asked Attorney General of Pakistan (AGP) Mansoor Usman Awan why negotiations were not being held between the government and the PTI. “You (AGP) should look at the negotiation process again,” he said.
“Implementation of the Constitution is imperative [but] how can it be implemented in such a situation?” he asked. Justice Bandial also stated that he was the first person to suggest talks between the two opposing sides regarding holding elections in the country.
“Attorney general sahib, why can’t you restart negotiations [with the PTI]?” the CJP asked. However, at this, the PTI’s lawyer interjected and said that two members of the party’s negotiating team had been arrested.
The AGP contended that the government had taken the matter of holding negotiations “seriously”. He alleged that the PTI had ended the talks between the two sides.
Justice Bandial said that the Constitution guaranteed political rights. “We don’t want to get into political matters and we don’t want to hear anything. We hope that negotiations will start again and a solution will be reached.”
However, the CJP insisted that the process for dialogue be initiated once again. He called for addressing the narratives being put forward by both sides.
The top judge said that peace was necessary for the implementation of fundamental rights. He said that the economy had come to a halt and the people were afraid to leave their homes.
He also told the PTI lawyer to talk to the party’s leadership regarding how elections could be held in such a “polarised” scenario. “You will have to create a high moral ground,” Justice Bandial said, adding that holding elections in 90 days was the main matter.
The AGP then asked the court to adjourn the hearing till next week, following which it was adjourned till May 23 (Tuesday). The court also issued notices to the AGP, and the Punjab and KP advocate generals.
