CJP warns of serious consequences if funds for elections not provided

Chief Justice of Pakistan Justice Umar Ata Bandial has warned of serious consequences if the federal government did not release funds remarking that it is the constitutional duty of the government to provide finances for conducting the elections, reported 24NewsHD TV channel. 

These remarks were expressed by the chief justice when the Supreme Court on Wednesday started hearing the defence ministry's plea requesting the apex court to recall its order regarding holding elections in Punjab on May 14.

The Supreme Court was scheduled to begin the hearing at 11:30am today, but deferred it until 2:00 pm.

A three-judge bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan heard the case.  

At the outset of the hearing, the attorney general for Pakistan came to the rostrum and started reading reply from the ministry of defence. 

The chief justice of Pakistan remarked that this case has been prolonged so much. He said so many reports were submitted to the court, asking the AGP to tell the court whether the government has given the executive power to the parliament or not. 

The CJP wondered if the cabinet sends the matter to the National Assembly in the case of elections only.

Justice Akhtar remarked that it is clear that the federal government could provide funds. He asked the AGP to explain why the matter was sent to the National Assembly standing committee. As per the constitution, the federal government can provide funds for polls, he added. 

He wondered how the assembly could refuse funds when the federal government is requesting it. 

The AGP said that keeping in view the current situation, it was dangerous for the government to allocate funds apart from the budget. 

Justice Akhtar asked the AGP how it could be dangerous to give funds for elections. He said the court asked several times from the finance ministry which reiterated that the funds could be provided from the supplementary grants. 

The judge further asked the AGP to tell the court what would be consequences of the non-provision of fund. He wondered if the government has lost the majority in the assembly. He said that the prime minister should have the trust of the assembly members. 

“There can be serious consequences of the reply of the finance ministry,” Justice Akhtar remarked. 

The court found the defence ministry’s reply seeking withdrawal of its order “unsatisfactory”. 

Justice Bandial said that the court reviewed the proceedings of the National Assembly. “It’s the constitutional duty to provide funds for the elections,” the CJP remarked. 

The top judge observed, “Rejection of the bill seeking provision of funds for the polls is against the parliament”. He asked the government to review its decision.

CJP Bandial again sought a reply from the federal government on the matter of the provision of funds for elections. 

The chief justice warned of serious consequences if the government did not provide funds for elections. 

The attorney general informed the judges that the political parties are holding talks with the PTI and hopefully there will be a positive outcome. Upon which the CJP said it is welcome sign that the parties are talking to each other for finding a solution to the issue.

The chief justice hoped that the government would give a positive response on the issue of funds provision.

He said that the court was apprised of security situation. He wondered why the Election Commission of Pakistan thinks that the current situation is worse than the security situation in the past. 

“Elections were held when terrorism still was raging in the country,” the CJP observed, adding that elections were held in the year when Mohtarma Benazir Bhutto was martyred. 

Rejecting the reply from the defence ministry, the CJP wondered who would guarantee that the circumstances would remain peaceful on October 8. 

The attorney general insisted that elections be held across the country simultaneously. He said it is the opinion of all security institutions that simultaneous polls should be held in the country. 

Justice Akhtar remarked postponing polls is unconstitutional. 

Justice Ijazul Ahsan asked the attorney general to tell the court where it has been written in the constitution that the Supreme Court could extend the polls.

“Under which law the Supreme Court can issue an order that elections will not be held this year, rather they will be held next year,” Justice Ahsan remarked, adding that who would give guarantee to provide security in October.

A three-member bench — led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan— on April 4 declared as “unconstitutional” the Election Commission of Pakistan’s (ECP) decision to postpone elections for the Punjab Assembly and ordered it to hold polls on May 14.

The same bench had on April 14 ordered the State Bank of Pakistan (SBP) to release Rs21 billion to the ECP for holding elections in Punjab and Khyber Pakhtunkhwa and send an “appropriate communication” to this effect to the finance ministry by Monday (April 17).

Together with its report, however, the defence ministry had yesterday (Tuesday) moved a civil miscellaneous application in the court, requesting it to recall its April 4 order, praying the court “The order dated 04-04-2023 be recalled with the directions that the general elections to the National and all Provincial Assemblies be held together, upon completion of the term of the National and the other two Provincial Assemblies of Sindh and Balochistan.”

It may be noted that the National Assembly Standing Committee on Finance and Revenue had returned matters concerning funds for elections to the government on Monday last.

Funds were allocated by the SBP in compliance with court orders, only for the matter to be sent to the federal cabinet which later placed it before the National Assembly.

On the same day, the lower house rejected the government's motion to grant Rs21 billion to the federal government to meet the expenditure, other than charged, during the financial year ending June 30, 2023, in respect of the ECP.

Reporters Amanat Gishkori and Rozina Ali