The Supreme Court on Friday declared February 8, 2024, as the date for holding general elections in the country after getting the nod from the Election Commission and President of Pakistan, saying that no one has any objection to it, reported 24NewsHD TV channel.
The document signed by President Dr Arif Alvi regarding the general elections was presented in the Supreme Court, the response was submitted with the signatures of the grade 22 officer of the President's House.
In the document, the President conveyed his consent to give the date of elections on February 8.
The Election Commission submitted the election notification to the Supreme Court vowing to hold the polls on February 8, while the Attorney General submitted a copy of the election notification to the Supreme Court.
A three-judge bench led by Chief Justice of Pakistan, Justice Qazi Faez Isa, and comprising Justice Aminuddin Khan and Justice Athar Minallah heard a set of petitions seeking polls in 90 days.
Chief Justice Qazi Faez Isa asked all parties whether they are happy with this date, when all of them nodded positively then the Supreme Court said if you have no objection then we also do not have any problem with it.
With this, the Supreme Court disposed of the case.
As the case proceedings were set into motion Friday morning, the apex court observed that it was right of the President to announce the poll date but we cannot understand why the President did not do so. If he had any ambiguity he should have approached the apex court under Article 186. The matter unnecessarily landed in the Supreme Court due to inaction of the President and the Election Commission.
At the outset of the hearing, the minutes of the meeting between the President and the Election Commission regarding the date of the elections were presented to the court by the Attorney General.
The Chief Justice remarked that why the President did not sign the document. ‘We do not want to leave any space for someone that he will say tomorrow that he did not sign. There should be an official confirmation from the President’, the chief justice remarked.
Earlier today, the Supreme Court expressed its annoyance over the unsigned minutes of the meeting between President Arif Alvi and Chief Election Commissioner Sikandar Sultan Raja who agreed to hold general elections in the country on February 8.
During yesterday’s hearing of the case, the ECP informed the SC that it had proposed Feb 11 as the date for polls but the electoral body was asked by the chief justice to approach the President for consultations.
In compliance with the court order, Attorney General for Pakistan Mansoor Usman Awan and ECP held meetings with the President, and both the President and CEC agreed to hold elections on Feb 8.
At the outset of the case hearing today, AGP Awan came to the rostrum and submitted minutes of the meeting between President Alvi and CEC Raja.
As soon as the minutes of the meeting were submitted, the court announced recess.
When the court resumed hearing after the break, it expressed its concern that the signature of the President was missing from the document.
The AGP told the court that the Chief Election Commissioner and other members of the ECP called on President Alvi yesterday and agreed on holding polls on Feb 8. He said that the President later issued a press release in this regard.
But Chief Justice Isa remarked that the court could not accept the proposed date unless the transcript bears the President’s signature.
The top judge ordered the attorney general to send someone to the President’s House and get his signature on it.
Justice Athar Minallah remarked that it is clear in Article 48(5) of the Constitution that the date of the elections would be given by the President, after that there is no need to interpret the Constitution in the case.
The CJP asked the attorney general to inform the court after getting the President’s signature.
Defence Secretary Lt General ® Hamood-uz-Zaman also reached the court.
Court decision
At the end of the case proceeding, Chief Justice Qazi Faez Isa started dictating the decision.
The chief justice said that uninterrupted elections should be held on the date announced by the President and the Election Commission. The federal government should ensure to conduct elections on February 8, 2024.
The Election Commission should announce the election schedule after all the arrangements are completed. The Supreme Court is binding all the people for the elections.
According to the decision dictated by the CJP, the President wrote a letter to the Election Commission on September 12. The Election Commission did not respond to the President's letter. The ECP responded in a strange way when asked about the President’s letter in the court.
Chief Justice Isa also mentioned Article 48, Clause 5 and Section 57 (1) of the Election Act in his decree.
According to the SC order, every institution including the Election Commission is bound to implement the Constitution. There are serious consequences for not following the Constitution.
Both the President and the Election Commission unnecessarily brought the matter to the court. The Supreme Court heard the case because several petitions were filed. There arose a sense of disquiet in the country as the date for polls was not announced.
The Supreme Court declared that the President and the Election Commission should act while remaining within their jurisdiction. Being the holder of elevated constitutional position, more responsibility lies on the President. If the President needed guidance, he could have come to the Supreme Court under Article 187.
The Supreme Court did not intervene in the jurisdiction of the constitutional institutions like President or Election Commission.
No option of deviating from the Constitution is available to any constitutional body. Fifty years have passed since the Constitution was made. Now no institution could claim to be ignorant of the Constitution.
The CJP in his order said that the Constitution was violated 15 years ago. Unfortunately, the Constitution has been violated several times in Pakistan.
The courts have also been involved in unnecessary matters. Recently, a prime minister was removed on a no-confidence motion. Constitution is clear that the majority of the Assembly can pass the no-confidence motion, after the no-confidence motion, a political crisis arose in the country.
The Supreme Court took a suo motu notice on the political matter.
The President dissolved the National Assembly after the no-trust move which was an unconstitutional act, the CJP said adding that the President cannot dissolve the Assembly on the instructions of the Prime Minister after the no-trust motion.
The SC order said that the people could not be kept away from the elected representatives.
Dissolving the Assembly unconstitutionally falls under the scope of treason, the order said.
The constitutional institutions can only make important decisions in the interest of the people.
The CJP said that it is hoped that all the constitutional institutions would show prudence in the future.
The order further said that the matter of elections has been resolved with the consent of all parties. It has been agreed that polls will be held on February 8.
The ECP lawyer informed the court that the election programme would be announced after the demarcation of constituencies. The lawyer said that the delimitation process would be completed by November 30 and the ECP would give the election programme in the first week of December.
The chief justice asked the Election Commission to give the date of the election programme so that people could know.
If someone who is holding a public office is helpless, then he is not representing people practically, he is just sitting in the public office.
During the case proceeding, the attorney general submitted the letter of President bearing his signature. He said that the ECP has issued notification of general elections which would be held on Feb 8.
The CJP remarked that the ECP and all other parties are agreed on the poll date but nobody has referred to any constitutional provision.
Reporter Amanat Gishkori
Reporter Amanat Gishkori