ISLAMABAD – Justice Munib Akhtar of the Supreme Court stated on Tuesday that admitting the review petition submitted by the Election Commission of Pakistan (ECP) to have its April 4 decision for elections in Punjab reviewed would just lead to further issues.
The case was considered by a three-judge panel that included Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar.
The federal and Punjab governments had filed their responses, but ECP attorney Sajeel Swati had only got their copies, he informed the court at the beginning of the hearing. The PTI may not have given their response, CJP Bandial said.
The ECP attorney begged with the court to give him time to examine the government’s responses. The court may make a fresh argument if necessary, therefore the chief justice requested him to submit arguments on his review petition.
Swati then argued in support of his position, claiming that the jurisdiction of ECP’s review petition was not restricted to constitutional disputes. The supreme court’s authority might be enhanced but not lessened, he said. He noted that the highest court’s authority over matters involving reviews was restricted to civil and criminal proceedings.
Justice Ahsan then stated that matters involving basic rights were handled in a courteous manner. The ECP attorney countered that the proceedings under Article 184(3) could not be viewed as a civil action. The court retorted that Article 184(3) applied to both basic rights and the public interest.
Justice Munib once questioned whether the elections matter would be a civilian case if it were to be brought to the Supreme Court from the high court. At such point, Mr. Swati said that the high court was the apex court with regard to constitutional jurisdiction.
The ECP attorney responded in the affirmative and said that the scope of review under Article 184 (3) was not restricted when Justice Munib Akhtar questioned if a review under 184(3) should be seen as an appeal.
In response, Justice Ahsan said that the constitution made a distinction between the reach of the right to appeal and the right to review.
Accepting the ECP’s review petition, according to Justice Munib, would complicate matters.
The chief judge intervened and noted that Article 184(3) of the Constitution did not provide the right to appeal when the ECP attorney insisted on having it.
The ECP attorney then requested that the court issue a thorough order to facilitate the process. The hearing was later postponed until 12 p.m. on Wednesday.
PTI Provides Response
The PTI responded during the hearing and urged the Supreme Court to dismiss the review petition that the electoral board had filed. It claimed that the commission had made fresh arguments in its review petition, which was not permitted.
It said that while the Supreme Court had merely set a limit of 90 days, it had not set a date for elections in Punjab. President Arif Alvi had set the date of the polls for April 30, but the ECP had altered it.
The ECP judgement was declared unlawful by the Supreme Court on April 30, according to the PTI, which also said that the SC was authorised to evaluate the ECP’s operations.
Earlier Hearing
Barrister Ali Zafar asked the court for an order to be carried out at the hearing on May 15 since the May 14 deadline had passed and the “constitution is no more.” He said the interim administration was no longer legitimate. According to Pakistan’s Chief Justice Umar Ata Bandial, the court’s ruling will unquestionably be carried out.
The chief justice informed the government representative that 90 days after the dissolution of the legislature, elections had to be conducted, and that 90 days meant 90 days. He said that the Pakistani Election Commission had unlocked a Pandora’s box. It has previously promised to conduct the elections if given the necessary funding. He predicted that the court will rule in accordance with the constitution.
He expressed optimism that negotiations between the coalition government and the PTI will end in a favourable outcome. He said that while the electoral watchdog had earlier brought up the issues of money and security, it has now brought up the matter of judicial jurisdiction. He declared that the case’s parties will be heard by the court.
Ali Zafar, a counsel for PTI, said that a review petition’s scope was limited. He urged the administration to give instructions for the execution of the court ruling and said that “new points cannot be raised in a review petition.”
The CJP said that the court wanted to hear the ECP’s views on the petition’s maintainability. He said that letters will be sent to the provincial administrations as well in order to hear their opinions and those of other political parties.
The PTI’s counsel informed the attorney general that two members of the party’s negotiating team had been detained as he inquired about discussions. The administration, according to the AGP, has taken the issue of having dialogues seriously. He said that the PTI had put a stop to the negotiations.
Background
Elections for the Punjab Provincial Assembly will go place on May 14 per a ruling by the Supreme court on April 4. The federal government was also instructed to provide Rs21 billion by April 10 for the elections in Punjab and Khyber Pakhtunkhwa and to make all the necessary personnel, including members of the Armed Forces, Rangers, and Frontier Constabulary, available for the security and other needs associated with the general elections.
The election watchdog was also mandated by the court to provide a report on the distribution of monies on April 11. It happened at the same time that the Imran Khan-led party had filed an appeal challenging the election’s postponement after the ECP had delayed voting till October 8 due to security and budgetary concerns on March 22.
In response, the federal government later petitioned the parliament to authorise the funds. The election expenditures bill was introduced in the National Assembly by Finance Minister Ishaq Dar.
On April 11, the ECP informed the SC in a report that the government had not given the commission any funding for the conduct of elections in Punjab.
The Punjab caretaker administration committed to provide just 75,000 people for security, according to the Election Commission, and the government has failed to give Rs21 billion despite the SC’s directive. According to the ECP, 300,000 security personnel are needed for the polls in Punjab.
Following this, the court sent notices to several high-ranking individuals for failing to provide funding for the upcoming Punjab elections, including Attorney General Mansoor Awan, Governor of the State Bank of Pakistan (SBP), Jameel Ahmad, Secretary of the Finance Department, and Secretary of the Election Commission of Pakistan (ECP).
Later, beginning on April 27, the PTI and the PDM-led administration met together to negotiate regarding elections; however, after reaching a stalemate on the date during their third and final session on May 2, they agreed to conduct polls concurrently throughout the nation.
The ECP moved the court on May 3 to request a review of its directive to conduct elections on May 14. Three days later, CJP Bandial said that if the government and PTI’s talks failed, the supreme court would move in accordance with the constitution and would not remain silent on the May 14 election problem.