Islamabad: Pakistan’s Supreme Court Tuesday termed as “unconstitutional” the election body’s decision to postpone polls in Punjab till October 8 and fixed May 14 as the date for polls in the province, in a major blow to the federal government that has been trying to delay the election citing security issues and the economic crisis.
A three-member bench – headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan – in its unanimous verdict said that “neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution.”
The bench fixed May 14 as the date for polls in the politically crucial province, in a boost to ousted prime minister Imran Khan-led Pakistan Tehreek-e-Insaf (PTI) party.
The Cabinet rejected the apex court’s verdict, with Prime Minister Shehbaz Sharif referring to the “judicial murder” of late prime minister Zulfikar Ali Bhutto and saying his “murder” took place on April 4, 1979, and on the same date today, the unfortunate episode was repeated with a decision of the Supreme Court in the polls delay case.
Speaking in the National Assembly, Sharif equating the two decisions said today, justice was murdered and it is highly regrettable.
He said the world knew that Bhutto’s case was a “judicial murder”. One of the former judges, who had decided the case, had accepted it in his memories, he added.
On March 22, the Election Commission of Pakistan (ECP) delayed assembly polls in Punjab by more than five months, citing the deteriorating security situation in the cash-starved country, a move criticised by Khan’s party.
Heavy security was deployed outside the apex court’s building during the hearing on Tuesday, with a large contingent of police guarding the main entrance.
The top court declared the ECP decision as “illegal” and “unconstitutional”.
“The impugned order dated 22.03.2023 (“EC Order”) made by the Election Commission of Pakistan (“Commission”) is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and is hereby quashed,” the ruling said.
The court ordered the government to release Rs 21 billion for polls by April 10, further stating that the court would issue appropriate orders should the government fail to comply.
“The Commission shall, by April 11, file a report in the court stating whether the said funds have been provided and received and if so, whether in full or in part. The report shall be placed before the members of the bench for consideration in chambers.
“If the funds have not been provided or there is a shortfall, as the case may be, the court may make such orders and give such directions as are deemed appropriate to such person or authority as necessary in this regard,” the order read.
The court remarked that the ECP’s order wasted 13 days, saying that the electoral body made an unconstitutional decision by shifting the date for the polls to October 8.
The verdict says the last date for submitting appeals against the returning officer’s decision is April 10 and the Election Tribunal will announce the decision on the appeals on April 17.
“Elections in Punjab and Khyber Pakhtunkhwa should be transparent, impartial and as per the law,” said the verdict.
“The Punjab government should give a security plan to the Election Commission,” said the top court’s verdict. It added that Punjab’s interim cabinet and chief secretary should report to the ECP on the electoral staff by April 10.
The verdict also directed the caretaker government to assist and provide resources to the electoral body for elections in Punjab.
Earlier in the day, the Ministry of Defence, as per the apex court’s directives, had submitted its report through Attorney General Mansoor Awan detailing the availability of security personnel for election duties.
After analysing the report, the Supreme Court announced its verdict and reinstated the previous schedule with amendments.
The apex court ordered returning officers to accept nomination papers until April 10, and publish the candidates’ list by April 19. The ruling further held that free and fair elections must be ensured on the new poll date.
The bench also rejected all objections by the government regarding holding the elections and ordered the ECP to inform the court if any institution refused to cooperate with it regarding the holding of elections as per the decision of the court.
The ECP had earlier set the date for elections in Punjab on April 30, but later it was postponed to October 8 — in Punjab and Khyber Pakhtunkhwa (KP) as well.
Khan’s party challenged the ECP’s decision to postpone polls in the Punjab Assembly to October 8, instead of holding it within 90 days as per mandated by the Constitution.
The assembly in the Punjab province was dissolved on January 14 by the erstwhile PTI government.
The apex court — which initiated proceedings on PTI’s petition on March 27 — reserved the verdict a day earlier, saying it would announce it the next day, April 4.
The hearings in the case, which lasted over a week, witnessed high drama after two judges of the original five-member bench — Justices Jamal Khan Mandokhail and Aminuddin Khan — recused themselves from hearing the case. Thereafter, the chief justice constituted a bench comprising himself, Justice Ahsan and Justice Akhtar to proceed with the PTI petition.
The government had submitted a statement through Attorney General for Pakistan Mansoor Awan, requesting the formation of a full court to hear the case. It also sought dismissal of the PTI petition in light of what it interpreted as a “4-3” order issued by the apex court on March 1.
During proceedings a day earlier, the SC bench appeared irked by the government declaring ‘no-confidence’ in it and hence refused to listen to the arguments of the ruling parties’ lawyers before it reserved the verdict.
Commenting on the verdict, Pakistan Muslim League Nawaz (PML-N) Senior Vice-President Maryam Nawaz Sharif said that it was the last blow of the conspiracy which began by “rewriting the Constitution and presenting the Punjab government on a plate” to the bench’s blue-eyed boy, Khan.
Maryam termed the three-member bench as “Khan’s facilitators” and said that this was done so he could be reselected under their presence and supervision.
“This bench has taken responsibility for the work done by (Lt Gen) Faiz (Hamid), (ex-CJP Asif Saeed) Khosa, and Saqib Nisar in 2018. A majority of the Supreme Court revolted against this appalling and brazen facilitation and one-man show,” the PML-N scion tweeted.
She stressed that it was now time for the parliament to stop this facilitation using its “constitutional and legal hands”.
Maryam further added that it was not enough for the federal Cabinet to reject the verdict and that those who tried to impose the “favourite” by defying the Constitution and law must be brought to the rostrum.
The issue of the election has taken centre stage in Pakistani politics as Khan has been pushing for timely elections in Punjab and KP provinces.
Khan had condemned the ECP’s move to postpone the elections till October, calling it a violation of Pakistan’s constitution.
Experts praised the court for its verdict and declared it as a victory of justice.
“It is a good day for the rule of law, and for Pakistan as a federation,” legal expert Barrister Asad Rahim was quoted as saying by Dawn.
PTI