It is not optional, adds the Chief Justice, to make decisions in accordance with the law and the Constitution.
LAHORE — Pakistan’s Chief Justice Umar Ata Bandial said on Sunday the Supreme Court would be forced to uphold a constitutional requirement that elections be held no later than ninety days after an assembly is dissolved.
We [Supreme Court justices] must not flinch when it comes to upholding the Constitution. At a conference in Lahore on minority concerns, the chief justice said, “If it says 90 days for holding the polls, it is our duty to say that and not our choice.” The gathering was conducted in honour of the late CJP AR Cornelius.
The top court has ordered elections in Punjab to be held on May 14, therefore the CJP’s comments come as political parties are debating whether or not to hold polls simultaneously across the country.
The government, however, has proved its unwillingness to hold elections on multiple occasions. It has instead been advocating that they be held later in the year.
Chief Justice Bandial stated that the court had been informed that discussions were taking place between political parties regarding holding elections on the same day throughout the country.
However, he clarified that the Supreme Court judges were uninvolved in the controversy. The Chief Justice noted that all parties understand they must protect the Constitution.
Continuing, he said, “We [SC judges] are there to support them, otherwise our decision is there,” alluding to the top court’s April 4 verdict to hold the polls in Punjab on May 14.
A Government Attempt to Dismiss Challenges to a Suo Motu Law
Justice Bandial emphasised the moral authority of decisions taken in accordance with the law and the Constitution.
The chief justice defended minority rights in the country, saying they were fully protected by the Constitution.
He remembered how in 1954, the country’s fourth Chief Justice and first Christian CJP, Justice Cornelius, had argued against the governor-general’s decision to dissolve the constituent assembly.
In addition, Justice Bandial mentioned that the Jamaat-e-Islami was outlawed in two provinces back in 1964. He did, however, note that the prohibition did not apply to the group’s founder and first leader, Abul Ala Maududi.
According to the CJP, hundreds of people have been killed over the past three decades due to rising extremism in the country. He pointed out that judges couldn’t issue decrees from on high.
He went on to say, “Every citizen of Pakistan has fundamental rights, and one of our primary duties is the protection of the Constitution.” Justice Bandial argued that the Supreme Court had the power to make decisions about fundamental freedoms.
He cited Justice Cornelius’s observation that heads of state have no authority over constitutional liberties. The presiding judge defended the legitimacy of judicial decisions. Moreover, “if a court decision is not challenged, it becomes final,” he said.
Chief Justice Bandial stated that everyone there was come to honour Justice Cornelius, one of their senior colleagues. Cornelius, the Justice, was the very model of fairness. He was also quite accomplished in many other areas,” he went on.
The CJP made a point of mentioning that Justice Cornelius had attended some of the best universities in the world. The chief judge made the observation, “He [Justice Cornelius] could have been appointed to the civil service but chose the field of law and justice.”
The CJP went on to note that Justice Cornelius had served on the SC for 17 years. Justice Cornelius was a decent jurist who lived a low-key existence. Judges can learn from his example, the CJP said.
Former Chief Justice Tassaduq Hussain Jillani spoke during the conference and expressed his gratitude for being invited to attend. He pointed out that the system in the country should be managed according to democratic principles and ideals of fairness.
Continue reading as the Supreme Court dissociates itself from the government’s and the PTI’s election negotiations
The previous chief justice said that the country’s low literacy rate contributed to the spread of religious fanaticism. Former Justice Jillani stated that safeguarding basic human rights was the court’s top priority.
The judiciary, he continued, must do its part to educate the public about the Constitution. He noted that protecting people’s rights was the government’s top concern. He went on to say that carrying out judicial mandates was the highest priority for government agencies.
Last week, the Supreme Court publicly disassociated itself from ongoing talks between the government and PTI on consolidating national and provincial assembly elections into a single date.
The Chief Justice of Pakistan Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar, sitting as a three-judge bench, praised the initiative taken by the political parties while hearing a constitutional petition filed by a citizen who sought elections for all assemblies on one date.
The Supreme Court issued an order on April 27 that read, “The court appreciates the efforts of all parties to try to end the current political impasse and in particular their voluntary agreement to enter into negotiations to choose a single date for holding general elections to the National Assembly and the four provincial assemblies.”
In the same judgement, the court reiterated its earlier ruling from April 4 that the elections in Punjab would take place on May 14.
