Chief Justice of Pakistan (CJP) Umar Ata Bandial said on Thursday that a delay in elections will allow \u201cnegative forces\u201d to swing into action in the country and will \u201cbegin to play tricks\u201d.
\nA three-member Supreme Court bench has resumed hearing in the review petition of the election commission against the court\u2019s verdict announcing polls in Punjab on May 14.
\nA three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Muneeb Akhtar, heard the ECP\u2019s review petition.
\nThe ECP\u2019s counsel Sajeel Swati argued that Supreme Court rules did not reduce Constitutional authority. He further said a full court has declared in various cases that the scope of a review is not limited.
\nJustice Akhtar remarked that if this argument was accepted then the Supreme Court rules would become void.
\nThe counsel said in certain cases, parliament\u2019s lawmaking authority is also limited. He added that a review plea is essentially a continuation of the main case.
\nJustice Akhtar said the lawyer had expanded the scope of the review more than the parent case.
\nThe ECP counsel argued that a caretaker government must be in place for elections.
\nAt this, Justice Ahsan questioned that if a provincial assembly was dissolved in six months, will a caretaker set-up remain for four and half years in that province? To which, the counsel responded in the affirmative.
\nHe further said Article 254 can provide legal cover to any extension to the 90-day deadline to hold elections to an assembly that has been dissolved. He added that elections can be delayed beyond 90 days.
\nThe judge remarked that it can also be treated in such a way that an elected government stays for four and a half years and a caretaker for six months. He added that the 90-day period is also given in the Constitution.
\n\u201cWhere is it mentioned that a caretaker government\u2019s duration can be extended?\u201d Justice Ahsan asked, adding any extension to the caretaker set-up\u2019s duration is against the spirit of the Constitution.
\nThe lawyer agreed to the court\u2019s observation.
\nThe counsel however contended that only an elected government can run the country, adding there can be no breaks in democracy.
\nJustice Ahsan commented that caretaker governments were included into the Constitution only to facilitate the election commission, adding that it is the responsibility of the ECP to conduct fair elections.
\nThe election commission cannot express inability to conduct fair polls, the counsel said.
\nTo this, Justice Akhtar remarked that the ECP would say give it funds and security, and it will organize the polls. Those talking about the Constitutional rule are running away from it, he added.
\nThe ECP counsel said the October 8 date for elections was given based on facts. To this, Justice Akhtar asked what if the commission tells the court in September that election cannot be held in October?
\nHe further remarked that conducting elections was the election commission\u2019s duty and not a prerogative.
\nThe CJP asked how long will democracy be sacrificed by extending elections, adding democracy has been sacrificed several times in history and its results have been faced for years. He further said the ECP is now making political statements now.
\nHe further said the Balochistan local government polls were held despite security concerns. He added that if elections are delayed, negative elements exert their force.
\n\u201cAs caretakers of the Constitution, how long will the Supreme Court stay silent?\u201d the CJP asked.
\nThe counsel responded that the May 9 incidents have validated the fears of the election commission.
\nJustice Ahsan asked if a caretaker government can stay for as long as it wants. The ECP counsel said the duration of a caretaker set-up will be determined as per the circumstances.
\nJustice Aktar said the election commission told the court that only funds were required for polls, and now it says that the polls are not possible under the rules of the Constitution.
\nThe CJP asked which articles of the Constitution will become ineffective if elections are held simultaneously across the country. If the system was strong, it will probably be possible to hold separate elections, he remarked.
\nThe ECP counsel said separate elections to all assemblies are not possible in the current circumstances. If there is an elected government in Punjab, how the National Assembly polls will be fair, he asked.
\nThe CJP responded that the provincial assembly\u2019s interference can be stopped in the NA elections, adding if the commission is strong and fair, there can be no interference.
\nThis issue can be solved administratively, CJP Bandial remarked.
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