CJ applauds the seriousness of the government and the ECP.
Earlier claims that the two candidates’ ‘frivolous’ motivations were at play in the Punjab election case
ISLAMABAD – Chief Justice of Pakistan Umar Ata Bandial has noted that the review petition filed about elections in Pakistan’s largest province is being taken “seriously” by the Election Commission of Pakistan (ECP) and the federal government.
On Tuesday, the CJP declared, “Now they [the government and the ECP] are taking the matter seriously.”
The Election Commission of Pakistan’s (ECP) appeal of the bench’s April 4 ruling resumed before a three-judge panel presided over by Justice Bandial. On April 4, a three-judge panel consisting of Justice Ijazul Ahsan, Justice Munib Akhtar, and myself directed the ECP to schedule elections for May 14 in the Punjab.
At the same time that a resolution condemning the bench was approved, a bill requesting funding for a show in Punjab and Khyber Pakhtunkhwa (K-P) was shot down in parliament. In a subsequent plea, the ECP argued that the court lacked jurisdiction to set election dates.
The chief justice noted that the two had been “motivated by other considerations in the matter of elections” and had previously wasted their time worrying about “the number of judges” and “appeals for a full court hearing.”
Sajeel Sheharyar Swati, attorney for ECP, argued on their behalf during the hearing. He pleaded with the bench to conduct a more extensive study of the case. The federal and Punjab governments, he said, had already filed their reply.
The CJP mentioned that the Pakistan Tehreek-e-Insaf (PTI) party had not yet made its response, and the counsel confirmed that no political party’s response had been received by the election body. He asked for some additional time to go over the responses before making a decision.
The chief justice has requested that the ECP’s legal team present their case. The attorney argued that constitutional disputes were not the only ones within the purview of the ECP’s review petition.
According to Justice Ijazul Ahsan, seeking judicial protection for basic liberties is treated as a civil matter. Article 184(3) proceedings are not civil in nature, according to Advocate Swati.
Both the public interest and fundamental rights provisions of Article 184(3) were highlighted by Justice Ahsan. The attorney argued that a right to appeal did not exist under Article 184(3). “The court had to take into account the requirements of justice in the review,” he elaborated.
Justice Akhtar probed to see if he was trying to make the case that an 184(3) review should be treated like an appeal. The lawyer gave a positive response. If the ECP attorney’s position is accepted, a review hearing must be held promptly, Justice Ijaz ruled.
“The Constitution does not state that the scope of the right to appeal and review is the same,” he continued. Accepting the ECP’s request, Justice Munib argued, would only lead to further issues.
The legal counsel stated that the Constitution does not place any restrictions on the scope. For “absolute justice in reviews,” he suggested that the court look to Article 187 of the Constitution.
The CJP ruled that a right to appeal did not exist under Article 184(3) of the Constitution. He argued that the Constitution needed more specificity about its scope.
The attorney for ECP argued that if the court issued a specific order, it would simplify matters. After that, the judge postponed the hearing until today (Wednesday).
In their responses to the Supreme Court, the federal government and the Punjab caretaker administration argued that the bench’s order violated the independence of the ECP.
The federal government submitted a brief statement through Attorney General for Pakistan (AGP) Mansoor Awan, arguing that “jurisdictional overreach by virtue of [the] order dated 04-04-2023 by encroaching upon the exclusive domain of the petitioner body [ECP] therefore infringes upon the independence and autonomy of the [ECP].”
The order “violates the principles enshrined in the Constitution and the [Election] Act 2017 that has carved out a specific and special role for the [ECP],” it continued.
According to the document, the ideas and values that form the basis of our democratic system are embodied in the concept of “political justice” as envisioned in the Objectives Resolution.
“by virtue of announcing a poll date by encroaching upon an autonomous body mandated with the powers to safeguard the votes of the people and ensure free and fair elections, the concept of political justice stands eroded and polluted,” it continued.
