According to Chief Justice of Pakistan Umar Ata Bandial, it
is the duty of the Supreme Court judges to acknowledge and adhere to the
constitutional provision that requires polls to be held within 90 days of an
assembly's dissolution. He emphasized that this duty cannot be overlooked and
must be fulfilled, stating that the judges of the Supreme Court cannot simply
ignore this constitutional requirement.
Last month, the Election Commission of Pakistan (ECP) was
directed by the Supreme Court, in response to a petition by the PTI, to hold
general elections for the Punjab Assembly on May 14. However, the government
refused to comply with the apex court's orders. After a series of negotiations,
the Supreme Court granted the main political parties a temporary respite on
April 20, giving them until April 26 to reach a consensus on a date for
simultaneous elections to the national and provincial assemblies. Despite talks
between the government and the PTI, no agreement was reached, and both parties
submitted their reports to the Supreme Court. An "appropriate"
judgement in the case is expected soon.
During a conference on minority rights in Lahore on Sunday,
Chief Justice Umar Ata Bandial stressed the importance of upholding
constitutional requirements. He emphasized that judges must not ignore their
duty to enforce the Constitution, particularly in relation to the provision
that mandates polls to be held within 90 days of an assembly's dissolution. He
further stated that it is the duty of the judges to uphold the Constitution,
rather than find ways to avoid enforcing it.
Regarding the ongoing situation, the chief justice noted that
the matter has been controversial, but he urged the public to support the
Supreme Court, rather than individuals. He emphasized that the Supreme Court
and its judges function as a unit and a constitutional organ, rather than as
individuals. He expressed optimism that the nation's leaders, institutions, and
people are committed to the Constitution.
The chief justice also referred to the negotiations between
the government and the PTI, indicating that they had not concluded yet. He made
it clear that the Supreme Court was not involved in these negotiations, but he
highlighted the importance of complying with the Constitution. He underscored that
the Supreme Court's judgement has moral authority when it is based on merit and
not appealed, and that it becomes final if it is not challenged. Finally, the
chief justice expressed confidence that the Supreme Court's judgement would
stand the test of time, even if it is not implemented immediately.
During a speech on minority rights in Lahore, CJP Bandial
reiterated the Constitution's guarantee of freedom to profess religion and
manage religious institutions while respecting public order and morality. He
pointed out that Article 21 of the Constitution safeguards against the taxation
of any particular religion and Article 22 protects educational institutions in
terms of religion. The chief justice emphasized that educational institutions
receiving public aid could not deny admission on the basis of caste, race,
religion, place, or birth.
The chief justice recognized that despite the Constitution's
assurance of equal rights, minorities had been marginalized and discriminated
against for years. In 2014, CJP Tasaduq Jillani's Supreme Court established
directions to protect minority rights, including curricular changes to ensure
that there was no hate speech against religions and the creation of a task
force and special police force to safeguard places of worship.
CJP Bandial noted that these directions were executed by a
court-appointed former police officer, Shoaib Suddle, who served as a symbol of
hope and justice for minorities. He also cited Quranic verses that condemned
sectarianism and encouraged good deeds and advice, adding that the Holy Quran
emphasized the absence of compulsion in religion and the importance of
respecting the deeds of other faiths. The chief justice concluded by reminding
the audience that Allah's intervention protected the religious places of other
faiths, thereby underscoring the importance of upholding the right to worship.
Prime Minister Shehbaz Sharif reaffirmed on April 26 that the
upcoming National Assembly elections will take place in October or November
after the current term concludes on August 13. However, the decision on
initiating talks with the opposition will be made by parliament. Shehbaz Sharif
noted that the government is willing to discuss with the PTI, and that the
format of the dialogue remains undecided. Senate Chairman Sadiq Sanjrani
subsequently formed a committee with four members each from both the ruling
coalition and opposition for negotiations.
Members of the government team included Dar, former Prime
Minister Yousaf Raza Gilani, PML-N’s Khawaja Saad Rafique, Azam Nazeer Tarar,
Sardar Ayaz Sadiq, MQM’s Kishwar Zehra, and PML-Q’s Tariq Bashir Cheema. The
opposition delegation included Qureshi, Fawad Chaudhry, and Senator Ali Zafar.
After the negotiations, the PTI stated that no agreement was reached and
requested that the court enforce its April 4 order regarding elections in
Punjab. Meanwhile, the government announced that negotiations had led to a
“major breakthrough” to resolve the political deadlock, and that the general
elections should be held on the same date, but consensus on some points had
been reached. Both committees submitted reports on their negotiations to the
apex court.
