Stating it categorically that there was no ambiguity in the constitution with respect to holding elections within 90 days of the dissolution of an assembly, Justice Ijazul Ahsan of the Supreme Court (SC) said on Thursday that if elections were not held on time, this would constitute violation of the constitution, reported 24NewsHD TV channel.
The judge made these remarks during the hearing of CCPO, Lahore Ghulam Muhammad Dogar transfer case.
A two-member bench of the apex court, headed by Justice Ijazul Ahsan, heard the case.
Chief Election Commissioner (CEC) Sikander Sultan Raja appeared before the court.
He said that holding free and fair elections was the sole responsibility of the Election Commission of Pakistan (ECP).
He further remarked that a caretaker government could not make transfers and postings of government officials, and even if it had to make transfers and postings, it would have to give solid reasons for that.
During the hearing, Justice Ahsan even scolded the secretary ECP.
Addressing the secretary, Justice Mazahir Ali Akbar Naqvi said that he had violated the Supreme Court order. “We know how to make you fall in line. The court will summon everybody in the contempt of court case,” he warned.
Justice Ahsan remarked angrily as to why Dogar was transferred contrary to the apex court order.
The CEC replied that the chief secretary had called him and requested for the transfer of the CCPO.
The election commissioner told the court that the ECP had devised a comprehensive policy under which transfers were made.
Justice Naqvi inquired from the CEC as to who had given him the authority to order the transfer of officials. “It is the constitution which gives me this right,” he responded.
He, however, said that he would put the transfers on hold if the court asked him to do so.
Later ordering the production of all record related to the transfer of Dogar, the court adjourned the hearing until tomorrow.
The SC ordered the CEC to ensure his presence in the court tomorrow as well.
The court also sought a detailed report from the ECP on the obstacles in the way of holding elections.
Earlier, the Supreme Court summoned immediately Chief Election Commissioner Sikandar Sultan Raja in connection with transfer case of former Lahore CCPO Ghulam Mahmood Dogarl.
During proceedings, Justice Ijazul Ahsan remarked why the CCPO was transferred when there was apex court’s order not to do so. “Why was Mr Dogar was transferred hastily,” the judge asked.
Punjab government’s lawyer informed the court that the CCPO’s transfer was carried out once again after getting permission from the Election Commission of Pakistan (ECP).
Justice Ijaz further asked what was ECP’s role in transferring of officers. His colleague Justice Mazahir Ali Akbar Naqvi observed that ECP’s role comes into play after the announcement of elections.
Punjab additional advocate general informed the court that permission was sought from ECP because there was now a caretaker set-up in Punjab. According to the Constitution, elections should be held after 90 days of setting up of caretaker government, he added.
Justice Ijaz then fired his next spontaneous query, “Then tell us, where are the elections?”
Justice Mazahir chipped in, saying half of the Punjab has been transferred. “If there any district in Punjab in which no transfer has taken place,” he asked.
Justice Ijaz again asked whether the ECP was not aware of the Supreme Court’s order. “ECP is doing everything except doing its own job,” he remarked.
The court adjourned the hearing which will resume shortly.
Reporter Amanat Gishkori