File photo. Farooq Naeem—AFP
Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday once again floated the suggestion of dialogue between the ruling coalition and the Pakistan Tehreek-e-Insaf (PTI) to end the impasse on a date for conducting simultaneous general elections nationwide.
Chairing a three-member bench of the Supreme Court that was hearing an Election Commission of Pakistan (ECP) plea for the apex court to revisit its April 4 order of holding elections in Punjab on May 14, he remarked that the electoral body had earlier raised concerns over a lack of funds and security. “Today, the ECP has raised a question over the country’s jurisdiction,” he said, adding this had opened a “Pandora’s box” and it was as-yet unclear if the ECP could now raise points it had not earlier voiced.
PTI lawyer Ali Zafar argued that the review petition’s scope was limited and new points could not be raised in it. He further urged the court to enforce its order for elections in Punjab on May 14—which has already expired—claiming the Constitution had been “murdered” and the caretaker governments in Punjab and KP were “unconstitutional.” To this, the CJP said the order would be implemented only after it had been finalized. He then said the court wished to hear the ECP’s arguments on the maintainability of its petition, adding notices would be issued to the provincial governments and other political parties.
Referring to the heightened political tensions over the past week, Justice Bandial said the manner in which political parties were operating was not correct. “People are losing their lives. Institutions are facing risks and threats,” he said. “My advice to everyone is to play a role in bringing about a peaceful environment,” he said, while taking note of the ruling alliance’s protest outside the Supreme Court.
“The Constitution is the basis of democracy. We want peace in the country,” he said. “National institutions and assets are being set ablaze. Look at what is happening for the past four or five days. Despite this, we are still working,” he said, asking Attorney General of Pakistan (AGP) Mansoor Usman Awan why talks between the PTI and the government had collapsed. “You [AGP] should look at the negotiation process again,” he said, adding that it was not easy to implement the Constitution during such a situation.
“Attorney general sahib, why can’t you restart negotiations [with the PTI]?” he asked, with the PTI’s lawyer pointing out that two members of the party’s three-member negotiating team had been arrested. To this, the AGP said the government had pursued the talks “seriously,” but the PTI had ended them. “We don’t want to get into political matters and we don’t want to hear anything,” said the CJP. “We hope that negotiations will start again and a solution will be reached,” he said, and urged the AGP to inform his “clients” of this.
To the PTI’s lawyer lamenting over the crackdown on workers of his party, the AGP drew the court’s attention to the violent protests that followed Khan’s arrest. The CJP, however, reiterated that dialogue should be resumed. “Ali Zafar is correct in saying that the ball is in the government’s court,” he remarked, adding the PTI lawyer could get his leadership on board if the government invited the opposition for talks.
Regretting that the economy had come to a halt, the CJP said peace was necessary for the implementation of fundamental rights. “Who will accept the results of elections if society is divided?” he asked. “Do you think the court has forgotten that the 90-day limit is the basis of the Constitution?”
He then remarked to Zafar that his party would have to create a “high moral ground” if it wished for elections.
The hearing was then adjourned till May 23 (Tuesday), with the court issuing notices to the AGP, and the Punjab and KP advocate generals.