SC wants April 4 election verdict enforced at all costs

The Supreme Court (SC) issued the written order of the April 4 verdict on the election, 24NewsHD TV channel reported on Wednesday.

In the ruling, the top court rejected the Election Commission's stance and declared inadmissible the Defence Ministry's plea for withdrawal of the April 4 verdict and the finance ministry’s report on funds unavailability.

The Supreme Court decided the matter of elections according to the constitution and no other way can overrule the Supreme Court's decision to hold elections, it added. The constitution calls for elections within 90 days after the dissolution of the assembly. Political negotiations should not conflict with the constitution, the ruling said, adding that the Election Commission wants to bring the judicial proceedings back to the starting point.

In its report, the Election Commission made a request for restoring the date of holding the election on October 8 on the basis of security reasons and funds paucity.  Points which have already been decided cannot be allowed to be reopened, the top court added.

"The federal government should release Rs21 billion to the Election Commission for elections by April 27. The violation or disobedience of a court order can have serious consequences," warns the top court.

The government stresses that the votes should be put off as it has been struggling with an economic crisis. Since April last, ousted prime minister Imran Khan has been pushing for assembly elections in Punjab and Khyber Pakhtunkhwa provinces as part of a campaign to force snap polls

The government has been seconding the election commission’s stance. The commission cited a lack of resources and the government agreed, saying it was not possible to organise the provincial elections while the country was struggling with an economic crisis and with a general election due around early October anyway.

But the Supreme Court ruled that the delay was illegal and voting should be held between April 30 and May 15.

Yesterday the defence ministry moved the top court and made the request for putting off the pols Along with the application, the defence ministry also issued a report in court, laid before the SC in compliance with its directives to the State Bank of Pakistan (SBP) and other departments to furnish reports after releasing Rs21 billion to the ECP for holding elections to the Punjab and KP assemblies.

In its report, the ministry highlighted the need of holding the elections on the same day given the heightened security situation in the country. It also said that the armed forces would be able to carry out election duties by early October.

“Due to the prevalent security situation and counter-terrorism operations being carried out in KP and Balochistan as well as the intelligence-based operations in Punjab and Sindh, the armed forces, Rangers, Frontier Constabulary and other forces are not logistically available to be repositioned and re-posted for providing election security, twice in six months,” the report said.

“Significant time is required to prepare the members of the armed forces for the election duty, given much of the force has been actively engaged in operations for a considerable period of time,” the application said, adding the security situation in Punjab and Sindh has been stable in the light of the efforts of the ongoing operations in KP and Balochistan, respectively.

Therefore, any diversion of troops from KP and Balochistan will result in directly affecting the security situation in Punjab and Sindh, it explained.

However, the court order stated that it was pointed out to the attorney general that the plea could not be entertained or relief granted since the matter was already decided by a final judgement of the court and was thus “disposed of as not maintainable”.

Regarding the compliance report from the Finance Division on providing the funds for the polls, the order reiterated the proceedings pertaining to it in the cabinet and National Assembly, adding that the division said the funds could not be made available to the election commission since the NA had rejected the motion.

The order further said that the judges were not satisfied that the NA resolution expressing disapproval of the fund release stood in the way of the cabinet exercising its constitutional power under Article 84.

“To the extent therefore that the report of the Finance Division concludes, or proceeds on the basis that, the federal government did not itself have the requisite constitutional authority and power at all times to authorise the expenditure of Rs21bn for the general elections, it cannot be accepted,” the order reads.