File photo courtesy Supreme Court of Pakistan
It is not a choice but a duty under the Constitution to conduct elections within 90 days of the dissolution of an assembly, Chief Justice of Pakistan (CJP) Umar Ata Bandial said on Sunday, as a deadlock persists between the judiciary and the federal government over polls in Punjab on May 14.
“When it comes to constitutional enforcement, we must not blink our eyes,” he told a conference on minority rights in Lahore. “If it says 90 days for holding elections, it is our duty to say that and not our choice, rather than finding a reason why we should avoid saying that,” he added.
Lamenting that the issue had become controversial, he claimed he was a “humble” individual and was not worthy of any controversy. Referring to the Pakistan Tehreek-e-Insaf (PTI)’s announcement of rallies in “support” of the CJP, he added: “Please don’t say that you support us. I’m just one of the members of the Supreme Court. You must support the Supreme Court if you stand up for the law and the Constitution, and not any individual.”
Stressing that the Supreme Court and its judges had no individual standing, he maintained that they functioned “as a unit, as a constitutional organ.” Noting that the apex court’s judgments had “moral authority” when uttered with merit, he also referred to the government not filing a review petition against the May 14 verdict. “When those judgements are not appealed or no review is filed, then that means no one has any objection to the judgement,” he said, adding that if a review were filed, it must be heard because no judgement was binding until it became final. “But if a judgement is not challenged, then it becomes final, so let’s see what happens now,” he said, referring to the May 14 verdict that the government refuses to accept, even as the three-member bench led by the CJP warns of consequences if it is not implemented.
Saying he was “optimistic” that Pakistan’s leaders, institutions and people were all “committed to the Constitution,” the CJP said the apex court had been informed that dialogue between the PTI and the government to evolve consensus on simultaneous elections nationwide was ongoing. “We have nothing to do with that, but at least they are conscious that they have a duty to comply [with] the Constitution and we are there to support that effort otherwise our judgement is there, it has a force of its own, it may not be implemented today but it will last to the test of time and shall be implemented tomorrow,” he added.
Earlier, discussing minority rights in Pakistan, the CJP paid tribute to the legacy of Justice Alvin Robert Cornelius, who served as the CJP from 1960 to 1968. Noting that Justice Cornelius had served in the apex court for 17 years, he said his life was an example for all judges, as he had retired without any accumulated wealth.
Recalling some of Justice Cornelius’ major rulings, he said the former judge had declared a governor general’s dissolution of the assembly as illegal on the basis of the executive officer not having mandate to decide fundamental rights. Similarly, he said, Justice Cornelius had lifted a provincial ban on the Jamaat-e-Islami in 1964, describing it as an issue of human rights.
Maintaining that the Constitution assured freedom of religion and forbade taxation on religious organizations, he said Article 22 barred any religious instruction in educational institutions that ran contrary to an individual’s personal beliefs. Similarly, he noted, no citizen could be denied admission to public educational institutions on the grounds of caste, race, religion, or place of birth. “Our Constitution says everyone is free to profess their religion, and all citizens have equal rights and yet for years our minorities have felt discriminated, marginalized and sidelined,” he lamented.