ISLAMABAD: Responding to concerns raised by the Elections Commission of Pakistan (ECP) about security threats to timely elections, the chief justice of Pakistan noted that despite facing militancy for the past two decades, elections have been held regularly in Pakistan.
The remarks by Umar Ata Bandial came as Supreme Court resumed hearing the Pakistan Tehreek-i-Insaf (PTI) petition requesting that the tribunal be directed to hold the elections on the previously scheduled date of April 30. It contends that the decision to delay the polls violated the Constitution and amounted to amending and subverting it.
The apex court heard divergent views from a five-judge bench, chaired by Justice Bandial and including justices Ijaz ul-Ahsan, Munib Akhtar, Jamal Khan Mandokhail, and Amin ud-Din Khan.
Among those present at the hearing were Pakistan Peoples Party (PPP) lawyer Farooq H. Naek, Irfan Qadir, PTI lawyer Barrister Ali Zafar, and ECP counsel Sajeel Swati.
At one point in the hearing, Justice Mandokhail questioned the commission’s lawyer on whose orders the commission had acted. Swati responded the ECP had followed the March 1 verdict and had promptly reached out to the president, who had set April 30 as the date for polls in Punjab.
The commission then issued a schedule for the elections and started preparations accordingly, he said.
However, Justice Mandokhail inquired if the ECP had read the brief order given by Justice Shah and himself in the March 1 Supreme Court order. Swati responded that there may have been some misunderstanding.
Justice Akhtar also questioned whether the brief order said that the March 1 verdict was passed in a 4-3 majority, noting it was not written anywhere in the original order. He emphasized that a minority decision cannot prevail over a majority decision, and that the law is clear that a minority decision holds no significance.
At this, the chief justice interjected, saying the matter should stay within their chambers, but Justice Mandokhail persisted in asking about the ECP’s position after the detailed decision.
Swati responded that no instructions were taken from the election commission on the 4-3 decision.
Meanwhile, Justice Bandial also noted the ECP lacked the legal authority to extend the election date until October 8 and requested the Attorney-General for Pakistan to seek instructions from the federal government.
The apex court is expected to conclude the hearing and deliver a final verdict today.
More details to follow
