ISLAMABAD: The Jamiat Ulema-e-Islam-Fazl (JUI-F) has approached the Supreme Court (SC) in an attempt to block the Elections Amendment Ordinance 2021 and prevent the holding of the Senate elections through an open ballot method, it emerged on Monday.
The petition was submitted by the party’s legal counsel, Kamran Murtaza, and terms the presidential ordinance in contradiction with the constitution of Pakistan, adding that the ordinance was borne out of malicious intent.
According to the filed petition, the JUI-F sought the apex court to “declare [the ordinance] as an attempt to undermine the judicial proceedings and parliament, and declare it as illogical, irrational, ultra vires to the Constitution, void and having no effect on Senate Election in the interest of justice.”
Last week, President Dr Arif Alvi had issued the Election (Amendment) Ordinance, 2021, under which the upcoming Senate elections will be held through an open ballot.
The ordinance, a copy of which was shared by the president on his Twitter account, will be effective with immediate effect subject to a pending opinion by the apex court on the matter.
However, Chief Justice of Pakistan (CJP) Gulzar Ahmed, during the hearing of the aforementioned petition, weakened the hopes of the opposition and said that the government was within its rights to issue an ordinance.
On the other hand, the top judge of the country observed that the ruling party had “entered the domain of speculations”. He further stated that while he is not sure how the Pakistan Tehreek-e-Insaf (PTI) did do, the fact of the matter is that “no one can stop them.”
“If we hold that the presidential reference is under the Constitution, then the ordinance will die down,” the CJP added.
Another member of the bench, Justice Ijaz-ul-Ahsan, asked how the ordinance could be considered as preemptive legislation, and further stated that anyone who took in issue in that dimension may approach the court.
In reply, Attorney General of Pakistan (AGP) Khalid Javed Khan said that the ordinance was not preemptive but also a conditional legislation. He questioned the politicians terming it as an attack on parliament or the top court.
Justice Ahsan observed that according to a news report, the government promulgated the ordinance because the Election Commission of Pakistan (ECP) had scheduled the Senate elections for February 11.
Separately, the Pakistan Bar Council (PBC) on Monday argued that the amendment should be withdrawn immediately and declared that it was based on malicious intent.
“We condemn the [government’s move] to hold Senate elections via open ballot,” the statement said issued by the PBC, adding that the Centre made a “hasty” move and did not wait for the apex court’s decision in this regard.
“The government has crossed legal and ethical boundaries by promulgating this ordinance,” the PBC said, adding that the government has tried “influencing the upcoming elections.”
“The government has gone against democratic, constitutional, and ethical grounds. [It] has sabotaged the independence of the judiciary and the dignity of the parliament.”
Speaking on the matter, Minister for Information and Broadcasting Senator Shibli Faraz on Twitter said that sale and purchase of votes and horse trading cannot serve the constitution and democracy.
In a tweet, the minister asked the political parties and parliamentarians to support transparency in the election process.
The minister said that this would strengthen democracy and enhance the prestige of parliament.
He maintained that those who become members of the upper house by investing money would always put the protection of personal interest before the people.
Faraz said that the mission of Prime Minister Imran Khan was to eradicate corruption from the country and ensure transparency, adding that the PTI would not back down in its struggle to achieve that goal.
While the government had approached the SC for its opine prior to officiating this controversial ordinance, it is important to note that Pakistan People’s Party (PPP) leader and former Senate chairman Raza Rabbani on Sunday had said that the incumbent government was trying to place pressure on the top court through its presidential ordinance.
Rabbani had said that the government ought to have waited for the decision from the SC. He had added that none of the relevant stakeholders or even the Senate itself had been properly consulted on the matter and had further accused the government of having failed to build a census on the matter.
The former Senate chairman had said that the handling of the bill of chaotic, and that the government had no real direction with its ordinances. Rabbani had claimed that the government was treating the Constitution as if it could be remoulded into new shapes.
