Supreme Court refuses to budge on May 14 election day

Chief Justice of Pakistan Umar Ata Bandial has declared that the Supreme Court will not alter the May 14 election date, urging all the political parties to hold consultations on same-day elections and inform the court, reported 24NewsHD TV channel.

The court directed the ruling coalition and the PTI to sit together and develop a consensus on elections by 4pm today, but at the same time asserted that it would not go back on its order fixing May 14 as the date for elections to the Punjab Assembly.

"It has no objection to the negotiation process and holding elections on the same day across the country is a legal and constitutional question," stated the written order.

It added: The decision regarding the elections in Punjab on May 14 remains intact. All executive authorities are bound to implement it.”

During the break, the ruling added Farooq Naik and the Attorney General met the judges in the chamber and informed them that political leaders have gone to celebrate Eid and initial contact with the PTI leadership.

The court was also informed that the party called a meeting of the government alliance on April 26 and the party leaders parties had a positive discussion on the elections, the order added.  

It continued: “The political parties appeared in the Supreme Court and reiterated their determination that the Constitution is supreme. If the negotiation process has started between the politicians, it is likely to take time."

The court will resume hearing on April 27.

Earlier, Justice Muneeb Akhtar said “Let me make one thing clear. You cannot move forward the election date. Only Supreme Court has the power to extend the election date.” The CJP remarked that the Election Commission of Pakistan (ECP) has the authority to change the election schedule but not the polling date.

CJP commends Sirajul Haq's initiative

Chief Justice of Pakistan Justice Umar Ata Bandial has commended Jamaat-i-Islami chief Sirajul Haq for initiating a “noble and good cause” of arranging talks among leading political parties on the issue on holding elections.

CJP Bandial paid tribute to Sirajul Haq's effort and prayed that he succeeds in his mission.

A three-judge bench led by CJP Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar on Thursday took up the case about holding simultaneous elections in the country filed by a citizen.

Leaders of a number of political parties were present in the courtroom except for PML-N’s, though federal ministers Azam Nazeer Tarar, Ayaz Sadiq and Ataullah Tarar reached the apex court building.

On spotting PTI’s Shah Mehmood Qureshi in the courtroom, the CJP asked him if his party agreed with the Supreme Court’s proposal of talks.

Qureshi responded the PTI has always upheld the Constitution. “The party will accept whatever order the Supreme Court issues,” he added.

The CJP then announced a brief break in the hearing, saying let’s government representatives arrive in the court.

Attorney General of Pakistan Mansoor Usman Awan informed the court that they thought the hearing would begin at 11.30 am, but it started half an hour earlier.

On Wednesday, the Supreme Court declared inadmissible for hearing the defence ministry’s plea to hold general elections across Pakistan simultaneously upon completion of the terms of the national as well as Sindh and Balochistan assemblies.

The apex court had also warned the government of “serious consequences” if it failed to release the funds required for conducting polls in Punjab and Khyber Pakhtunkhwa.

Ahead of the hearing on Thursday, a number of political leaders including Federal Law Minister Azam Nazir Tarar, PTI leaders Fawad Chaudhry and Shah Mehmood Qureshi, PML-N leaders Khawaja Saad Rafique and Ayaz Sadiq, PML-Q’s Tariq Bashir Cheema, MQM leader Sabir Hussain Qaimkhani and others reached the court after they were issued notices a day earlier.

At the outset of the proceeding, CJP Bandial lauded the efforts of JI Amir Sirajul Haq for holding a dialogue between the government and the opposition, saying the court would also do its part in this “good deed”.

For his part, PTI’s Qureshi said his party respected the courts and asserted that the country could only move forward by upholding the Constitution. “We are with the Supreme Court, let’s see what is the government’s stance,” he added.

Acknowledging the presence of the political leaders, the CJP expressed his gratitude and stated that the leadership was willing to address the problem at hand. He, however, cautioned that relying solely on court orders to find a solution could lead to complications, but acknowledged that political parties working together could pave the way for a solution.

Justice Bandial noted that both the Ministry of Defence and the petitioner were calling for simultaneous elections across the country. He also mentioned that the attorney general had previously raised a similar point, which had unfortunately been subject to political obstruction.

The CJP noted that Farooq H Naek, representing the PPP, had also expressed support for the same argument, but a boycott prevented progress.

Justice Bandial cited newspaper reports indicating that the PPP and PML-N leadership supported dialogue as a means of resolving the issue, at which Naek informed the court about the presence of Khawaja Saad Rafique, Qamar Zaman Kaira, Tariq Bashir Cheema as well as MQM, and BNP representatives.

He told the court that the ruling political alliance believed that the 90-day period for elections had passed and that the court had already extended the date for polls twice. Naek also stated that political parties had already started working together for the elections, with Foreign Minister Bilawal Bhutto meeting JUI-F chief Maulana Fazlur Rahman on the matter.

He informed the court that they would meet with the PTI to end the ongoing tensions, with the aim would be to create a political consensus and said that the government coalition’s political dialogue would be completed immediately after Eid.

Subsequently, PML-N representative and Railways Minister Khawaja Saad Rafique came to the rostrum and reiterated the PPP’s stance. He said that his party also wanted elections to be held simultaneously. “We don’t want anarchy and unrest in the country,” he said, stressing that PML-N believed in dialogue and wanted to derive solutions to political issues through negotiations.

Saad Rafique also said that the PML-N had called a meeting of allies after Eid and was ready to talk to the opposition.

After Rafique, the representatives of all the allied parties — MQM, BNP and PML-Q — told the court that they wanted elections to be held at the same time and supported dialogue.
The court then called PTI’s Qureshi to the rostrum.

Qureshi says PTI supports talks with govt

The court then called PTI’s Qureshi to the rostrum, who said he had already presented his party’s perspective and emphasised that there were both political and constitutional aspects to consider. He reiterated the Constitution clearly dictated that elections must be held within 90 days of the assembly dissolution, saying he was bound by the Constitution, not anyone’s wishes.

Qureshi commended the Supreme Court for upholding the Constitution and exercising restraint in this matter. He also stressed the need for all political parties to work together to navigate the country’s political challenges, stating the constitutional and democratic way out of the current crisis was through elections. Qureshi acknowledged it was not easy for the PTI to quit the government, as the aftermath was now apparent to everyone.

The PTI leader further highlighted that the apex court had instructed the government to provide funds for polls by April 17, but “nothing happened on that”. He suggested the ruling coalition should present a proposal in line with the Constitution, which the PTI could then review.

Qureshi further questioned whether the government wanted to run the country through parliamentary resolutions, emphasising the PTI was committed to upholding the Constitution and avoiding anarchy. 
Talking about negotiations with the government, the PTI leader expressed support for a dialogue that remained within the bounds of the Constitution.

Here, PML-N’s Saad Rafique intervend, saying the court should not be turned into a “debating club” and that these matters could be discussed during negotiations. “We are not willing to sit in the government for a day more than the constitutional requirement,” he added.

Meanwhile, AML chief Sheikh Rashid expressed concerns that negotiations between the government and the opposition could prolong beyond Eidul Azha. 

Sirajul Haq wants elections after Eidul Azha

Addressing the court, JI chief Sirajul Haq emphasised that the Constitution was created as a result of consensus and could serve as a tool for saving the country. He noted the world order had undergone changes, citing the 1997 elections and the ensuing protests, which were not recognised, and the imposition of martial law in the 1970s and 1990s during conflicts between political parties. He claimed that Pakistan was now facing a similar situation.

The JI chief also mentioned that Pakistan’s relations with Saudi Arabia, Iran, and the United States had weakened over time as the three countries were not taking interest in Pakistan anymore. He cited the example of Nelson Mandela, with whom dialogues were held after three decades of fighting, to highlight the importance of communication.

He added that Pakistan was created as a result of democratic struggle, not a military dictatorship. He said the dissolution of both assemblies has surprised the nation. He insisted the JI did not align itself with either the PTI or the PDM.

Sirajul Haq told the court that infighting between political parties affected the people rather than the politicians themselves and emphasised all the institutions, including political parties and the government, must remain independent. He clarified that he did not contact the government or the PTI individually, clarifying the decision was taken by his party after consultation.

Recalling his meetings with the PTI chief and the prime minister, the JI chief said he had informed the leaders that he could not spend the rest of his life serving under military rule. He said Imran agreed with him, saying he did not want military rule to be imposed in the country.

He then insisted that elections were the only way out of the current crisis and should be held after Eidul Azha.

ECP not authorized to extend election dates: CJP

During the hearing, the CJP noted that under Article 254 of the Constitution, the ECP was not authorised to extend election dates. He emphasised the court was bound by the Constitution and the law and that the JI, PML-N, and PPP had made attempts to extend the election dates.

The CJP urged political leaders to uphold the supremacy of the Constitution and hold a two-way dialogue to resolve the issue.

The CJP said an in-camera briefing of the parliament was held, but the court had already given its verdict by then. The CJP said no legislator would want to go against the court order, and urged party leaders to sit down and hold discussions to resolve the issue before Eid.

The CJP also suggested that Eidul Azha would fall in July, and elections could be held after that. He went on to say that the country’s system worked under the Constitution. “If we do not follow it, then ‘ifs’ and ‘buts’ will come. In our verdict [to hold elections] on May 14, we saw a reasoning that the [election] commission cannot change the date.

“Some misunderstandings took place. Everyone’s stance is that the elections are held on the same day. This court cannot deliberate upon these practical things. We are bound to the Constitution and law,” the top court’s judge said.

Bilawal's reconciliation efforts lauded

Justice Bandial lauded the reconciliation efforts initiated by the JI recently and also appreciated the PPP’s stance of “keeping the door for talks open”. “Bilawal Bhutto has made good efforts. It is expected that Maulana Fazlur Rehman will also show some flexibility. One has to give up in political actions so that this does not happen that one is standing firm on its side and the other is in a loss,” he added.

On this Farooq Naek informed the court the PPP will hold more talks with Maulana Fazl during Eid.

He then suggested that the political parties sat down today instead of waiting till after Eid. “If you think you can change the poll schedule, then do it,” Justice Akhtar told the ECP and directed the political parties to inform the court regarding what was decided in the talks. “The court will not take back its verdict of [holding elections on] May 14,” he maintained.

The CJP also said a court order could not be ignored. “Taking it back is not a joke. There is a procedure to dismiss the court order — those 30 days have also passed,” he added.
The hearing was subsequently adjourned till 4pm.

TLP representative not allowed to speak

 The CJP did not allow Tehrik-e-Labbaik Pakistan representative to speak, saying leaders of only national political parties are being allowed to speak.

Reporters Amanat Gishkori and Rozina Ali