ISLAMABAD: The chief justice of Pakistan expressed optimism regarding the possibility of resolving the impasse over holding elections in the country through negotiations between the Pakistan Democratic Movement (PDM) government and the Pakistan Tehreek-i-Insaf (PTI).
The comment by Umar Ata Bandial came as a three-judge bench of the Supreme Court took up on Monday a petition by the Election Commission of Pakistan (ECP) to review its previous order regarding the scheduling of polls for the parliament of Punjab.
The commission seeks a revision of the April 4 order, which had mandated the elections to be held on May 14.
The bench responsible for the case is headed by Justice Bandial and consists of justices Ijaz ul-Ahsan and Munib Akhtar. It is worth noting that this same bench had initially issued the order to conduct elections in Punjab on May 14.
During the proceedings, the chief justice noted the election commission had previously raised concerns about funds and security. “But today, the ECP has raised a question regarding the court’s jurisdiction itself,” he observed.
“We will listen to all parties involved in the case,” he assured.
Syed Ali Zafar, the lawyer representing the opposition party, argued before the court that the scope of a review petition was limited. “New points cannot be raised in a review petition,” he emphasised, urging the government to issue directives for the implementation of the court’s order.
Justice Bandial then expressed the court’s intention to hear the ECP’s arguments on the admissibility of the petition. He mentioned that notices would also be issued to the caretaker governments of Punjab and Khyber Pakhtunkhwa to hear their respective positions and those of other political parties.
“The court’s issued order is final,” he declared. Additionally, he emphasised that the court had no interest in politics but rather in the implementation of fundamental rights.
“We are here to protect the rights of the people. If their rights are safeguarded, the people will be content,” he observed.
Justice Bandial also expressed his concern about the deserted motorways and the stagnating economy.
He also advised the PTI lawyer to convey to the party’s leadership how elections could be conducted in a polarised manner. “You need to establish a high moral ground,” he remarked, emphasising that the main issue was holding elections within 90 days.
Justice Bandial announced that an “important matter” would be heard by the court Tuesday. He criticised the manner in which political powers were operating, saying that it was “not correct.”
“People are losing their lives. Institutions are facing risks and threats,” he lamented. Justice Bandial also revealed he was the first to suggest negotiations between the opposing sides regarding the elections.
“Negotiations must absolutely take place,” Attorney General of Pakistan (AGP) Mansoor Usman Awan said.
“Attorney General sahib, why can’t you restart negotiations with the PTI?” the judge inquired. However, the PTI’s lawyer intervened, saying that two members of their negotiating team had been arrested.
Awan argued that the government had taken the matter of negotiations “seriously” and accused the PTI of terminating the talks between the two sides.
Justice Bandial also emphasised the significance of political rights guaranteed by the Constitution while refraining from involving the judiciary in political matters. Expressing hope for renewed negotiations and a potential resolution, he called on Awan to communicate this message to his “clients.”
He expressed expectations for an improved political environment from both parties involved.
Meanwhile, Zafar argued against what he referred to as a “so-called” democratic movement that had allegedly instructed the arrest of Khan. In response, Awan highlighted the violent protests that ensued following Khan’s arrest.
However, the chief justice insisted on reopening dialogue and addressing the narratives presented by both sides. Referring to a statement by Zafar, the judge acknowledged that the government holds the key to initiating talks with the opposition, suggesting that the lawyer consult with PTI leadership if the government extends an invitation.
The judge underscored the importance of peace for the protection of fundamental rights, expressing concern over the stagnant economy and the fear that has permeated society. He questioned the credibility of election results in a divided society, emphasising the constitutional basis of the 90-day limit.
Furthermore, the chief justice reiterated the court’s commitment to safeguarding people’s rights and ensuring their happiness. He lamented the deserted motorways and the halted economy, observing the adverse impact on the people.
In light of the polarized situation, Justice Bandial advised the PTI lawyer to engage with the party’s leadership and explore possibilities for conducting elections on a high moral ground within the 90-day timeframe.
Following these discussions, Awan requested an adjournment until the next week, which the court granted, rescheduling the hearing for May 23. Additionally, the court issued notices to Awan, as well as the advocate generals of Punjab and Khyber Pakhtunkhwa.
In the 14-page petition, the ECP had asked the court to review its decision as the judiciary “doesn’t have the authority to give the date of elections”.
“Such powers exist elsewhere under the Constitution but certainly not lie in a Court of law,” the ECP had said, citing various legalities and reasons behind its statement.
The electoral body accused the court of disregarding its constitutional jurisdiction, emphasising that it assumed upon itself the role of a public body in giving a date; “thus intervention by the court is necessitated to correct an error which has effectively changed the settled constitutional jurisprudence of the country”.
