Chief Justice of Pakistan (CJP) Qazi Faez Isa Thursday remarked that President Arif Alvi violated the Constitution by not giving a date for general elections.
He made these remarks while hearing a set of petitions seeking timely elections within 90 days of the dissolution of the assemblies. The CJP is heading a three-member bench also comprising Justice Athar Minallah and Justice Amin-Ud-Din Khan on the matter.
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The pleas were filed by the Supreme Court Bar Association, Pakistan Tehreek-e-Insaf (PTI) and others to ensure that polls in the country are held within the stipulated time period.
In the previous hearing, CJP Isa observed that it was “not possible” to meet the 90-day deadline for holding elections and lamented the lack of preparations of the petitioners.
At the outset of the hearing, Pakistan Peoples Party (PPP) counsel Farooq Naek told the court that his party had submitted the request to become a party in the case.
After this, PTI’s lawyer Ali Zafar started his arguments by saying that the party has limited its petition to only seeking timely elections.
“Elections must be held within 90 days after the dissolution of assemblies as per the Constitution,” he stressed.
At this, CJP Isa said that the plea seeking polls within 90 days has then become ineffective. “The court was told that it was impossible to hold polls within 90 days in the previous hearing,” he remarked.
Zafar then said that PTI only wants elections.
He further said that there won’t be any parliament and law if elections are not conducted.
“Giving a date and schedule of elections are two different things. President Dr Arif Alvi had written a letter to hold consultations with the ECP,” he remarked.
The CJP observed that the president had written in his letter that the court should look into the matter of elections.
“Is the president saying that court should take notice of the issue about elections?” he questioned.
At this, Zafar replied that the president had said that the court can also review the matter.
CJP Isa then said that the president did not give any date for elections in his letter. “Did the president not fulfil his constitutional duty?” he asked.
Zafar said that the president fulfilled his responsibility by consulting on the elections.
On this point, Justice Minallah asked why the president wrote the letter in September and not on August 15 after the assemblies were dissolved on August 9.
“Did the president only ask the Supreme Court verbally to take notice of the matter?” asked CJP. He further said that the head of state wrote the letter to the ECP and not to SC.
CJP Isa then questioned whether the apex court had the authority to give a date for polls. “Is it necessary for the president to consult the prime minister to give a date?” he inquired.
Zafar replied that consultations are not necessary as the president has his own constitutional duty to give a date.
Justice Minallah asked if the Election Commission had asked the president to give a date for the elections.
To which the PTI lawyer said that the ECP had told the president he didn’t have the authority to appoint a date for polls.
At this point, the top judge asked if action could be taken against the president for not giving a poll date.
The CJP then said that the ECP says it has the authority to give a date as per Section 57 of the Election Act. “Did you challenge the amendment in Section 57?” he questioned.
Zafar told the court that it was the Election Commission and president’s responsibility to give a date.
