CJP says 'negative forces get active when polls are delayed'

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial on Thursday remarked “Negative forces get active when polls are delayed,” ARY News reported.

This he said while hearing a petition filed by the Election Commission of Pakistan (ECP) seeking a review of April 4’s ruling regarding holding of elections in Punjab on May 14.

A three-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan is hearing the case.

Beginning his arguments, the ECP lawyer Sajeel Swati said Supreme Court rules could not reduce the Constitutional authority.

At this, Justice Ijazul Ahsan inquired how the rules undermined the Constitutional authority. “The top court in various cases had declared that the scope of the review could not be limited,” Swati replied.

Mr Swati said the existence of the caretaker setup was a must for holding elections, adding that the Constitution provided a procedure for the appointment of interim governments.

Read more: WHY DID ECP NOT ADVISE PRESIDENT ALVI FOR SIMULTANEOUS POLLS, ASKS CJP BANDIAL

“If the provincial assembly is dissolved in six months, the caretaker setup will continue for four and half years” Justice Ahsan questioned.

Mr Swati replied in affirmative saying the interim government will run the affairs according to the situation as government affairs cannot be withheld.

At which, the chief justice remarked compensation could also be made by electing new government for the remaining period. “How it is possible in the Constitution that an elected government serves for six months and interim setup serves for four and half years,” he observed.

The CJP remarked that negative powers got active in the country when elections are delayed. “How long the democracy will be sacrificed by postponing the polls,” he said.

“How long we will remain quiet as custodians of the Constitution.”

April 4 verdict

The Supreme Court – in its April 4 order – declared the Election Commission of Pakistan’s (ECP) decision to postpone elections to the Punjab Assembly till October 8 “unconstitutional” and fixed May 14 as a new date.

Read more: ECP FILES PLEA IN SC SEEKING REVIEW OF MAY 14 PUNJAB POLLS ORDER

In a 14-page review petition filed by the ECP on May 3, the electoral body pleaded with the Supreme Court to suspend its May 14 decision until a verdict on the revision petition on the issue.

“SC should review its decision as the judiciary doesn’t have the authority to give the date of elections,” the ECP petition read.

“If the decision is not suspended, the election commission will suffer an irreparable loss,” the petitioner pleaded.

The electoral watchdog further requested the apex court to “accept the instant Review Petition by revisiting, reviewing, reconsidering and recalling its April 4 order”.