SC issues Justice Minallah’s note about general elections date verdict

The Supreme Court Thursday issued a 41-page note of Justice Athar Minallah in the judgment about the date of general elections.

Justice Athar Minallah, in his note, said that the National Assembly was dissolved on August 09, 2023 and general elections were to be held within ninety days i.e., not later than November 07, 2023.

“It was not disputed by the Attorney General that, under Article 48(5) of the Constitution, the duty to ‘appoint’ a date was imposed upon the President while the announcement was to be made by the Commission as required under section 57(1) of the Act of 2017. We had also made it absolutely clear that it was not the function of this Court to appoint a date nor was it conferred with any power or jurisdiction to do so.”

Justice Minallah said that the court had asked the Attorney General to inform the President and the Commission that the violation of the Constitution had taken place in the case of Punjab and Khyber Pukhtunkhwa while the infringement had become imminent to the extent of holding general elections to the National Assembly and the two provincial assemblies of Sindh and Balochistan.

“The duty to ensure that the people of Pakistan are not deprived of their right to vote and they do not remain unrepresented for more than a ninety day period was that of the President, the governors and the Commission.”

The note said that the date of February 08, 2024 was appointed by the President and announced by the Commission without prejudice to and notwithstanding the consequences that they may have exposed themselves to on account of the violations of the Constitution and denial of rights to the people of Pakistan.

“The violation of Article 224(2) and the resultant denial of the rights to the people of Pakistan is so grave and profound that it cannot be cured, condoned nor the acts are 9 immune from being held to account,” it added. “The 125,626,390 registered voters are victims and the responsible authorities i.e the President, governors and the Commission are accountable to them for causing injury and loss.”

Justice Minallah said that the appointment of caretaker governments was temporary and only for the period specified under the Constitution i.e., till the election of a Leader of the House after the holding of the general elections within the mandatory period of sixty or ninety days.

“It is a primary constitutional duty of the Commission that the delayed elections are held in a fair, free and transparent manner without giving anyone an opportunity to complain,” he added.