By Staff Reporter
ISLAMABAD: The Chief Justice of Pakistan, Umar Ata Bandial, said on Sunday the judges have a responsibility to uphold the Constitution and cannot turn a blind eye to the mandate of holding elections within 90 days of an assembly’s dissolution.
The top judge emphasized the importance of adhering to the constitution’s mandate to hold elections within 90 days, stating that hesitation was not an option and evading the mandate should not be considered.
“When it comes to constitutional enforcement, we must not blink our eyes. If it says 90 days for holding elections, it is our duty to say that and not our choice, instead of finding a reason why we should avoid saying that,” the CJ at a conference on minority rights in the eastern city of Lahore.
Justice Bandial was responding to a standoff between the government and the judiciary over the Punjab elections that has pushed the country into a political and judicial crisis.
The crisis began with former Prime Minister Imran Khan’s removal from office in a parliamentary vote of no-confidence in April 2022, less than four years into his term. Khan then launched a nationwide campaign to push for early elections. The coalition government of Prime Minister Shehbaz Sharif’ refused the demand, saying it would stay in power until the parliament’s remaining term ends in August of this year.
In a bid to force early elections this past January, Khan’s Pakistan Tahreek-e-Insaf party dissolved the assemblies of Punjab and Khyber Pakhtunkhwa, two provinces where it held majorities in the legislatures. According to Pakistan’s constitution, elections must be held within 90 days of the dissolution of an assembly. Until then, a caretaker government runs the affairs and oversees elections.
The Supreme Court, in a suo moto, has ordered elections to be held on May 14 in Punjab, the nation’s most populous province, where Khan’s PTI is hugely popular. But the 13-party ruling alliance led by Prime Minister Shahbaz Sharif is refusing to comply.
In a further show of defiance, the parliament has passed a bill called the Practice and Procedure Bill (2023) that would limit the chief justice’s authority to take up an issue of important public interest on its own initiative — the procedure is known as suo moto.
Sharif’s ruling coalition blamed the apex court for going beyond its constitutional remit and undermining parliamentary supremacy after the judges instructed the central bank to release funds for the polls.
Justice Bandial said the moral authority of the Supreme Court’s judgments is enhanced when they are not appealed or reviewed, as this implies acceptance of the decision.
However, he clarified that a judgment does not become binding until it is final, and a review petition would be heard if filed. “The Court’s role is to support efforts to comply with the Constitution, as its judgments would endure and be implemented in due time.”
The chief justice has responded to recent discussions surrounding their position on Punjab polls by stating that the matter has been labeled as a “controversy.”
“I’m sorry, I’m not worthy of controversy, I’m a very humble person.”
The top judge urged individuals to support the Supreme Court as a whole, rather than any individual member.
“If you stand up for the constitution and law, then you must support the Supreme Court of Pakistan and not any individual,” Justice Bandial said.
“You say that you support us [the judges]. Please don’t say that. I’m just one of the members of the Supreme Court of Pakistan. We have no existence individually. Our existence is as a unit and as a constitutional organ. That’s how we function.”
Justice Bandial remarks came a day after Khan’s PTI party organised public rallies across the country to express solidarity with him amid a tussle between the government and the apex court.
Khan asked his party supporters to step out and support the country’s judiciary, constitution and chief justice following the government’s decision to legislate and limit the powers of the top judge who can initiate public interest litigation on his own and constitute benches without the input of other judges.
Referring to the talks between the government and PTI party on the apex court’s orders to resolve the political impasse about holding elections throughout the country on the same day, the chief justice said the Supreme Court was informed that the process had not concluded.
Multiple rounds of talks between the two sides took place to decide the election date before the PTI announced the negotiations had failed.
“We have nothing to do with (the negotiations), but at least they (the politicians) are conscious that they have a duty to comply [with] the constitution,” he said. “We are there to support that effort.”
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