Supreme Court hears petitions seeking election in 90 days

ISLAMABAD: A three-member bench led by Chief Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah hear petitions on Monday seeking elections in 90 days.

The petitioners in the case, including the Supreme Court Bar, the PTI and others pleaded that the general elections in the country should be held within 90 days of the dissolution of the assembly in accordance with the Constitution.

“What is plea in your petition,” Chief Justice Qazi Faez Isa asked the SCBA President Abid Zuberi.

Zuberi started reading his petition. “Petition was filed on August 16, why it was not fixed for hearing till now,” CJP questioned. “We had also submit plea for early hearing,” Abid Zuberi said.

“Court record suggests no early hearing plea was given,” Justice Faez Isa said. “It was an immediate hearing matter,” he added. The matter would have decided till now, if the petition fixed for hearing timely,” he further said.

“The court has been pleaded for an order to ensure elections in 90 days and cancellation of the Aug 07 notification regarding approval of the digital census, 2023, by the Council of Common Interests (CCI)”, Abid Zuberi said.

“When the census was started,” top judge asked. “Don’t know the beginning date of census. A press release of approval of the digital census has been on the record,” lawyer said.

“If the constitution says when the census is necessary,” Justice Athar Minallah questioned. “If the census has any link with elections,” he further questioned.

“Elections are mandatory within 90 days after dissolution of assemblies,” Zuberi said. “Do you want general election under 2017 population census,” CJP asked.

“The elections could not be delayed on the grounds of new census and delimitations,” SCBA president said.

“The elections will probably further delay if your stance accepted,” CJP said.

“Tell the court if we declare the census void, which population census will become basis of the election,” chief justice asked.

The lawyer said that KP and Punjab caretaker chief minister’s participation in the CCI was unconstitutional. “Tell the court where the constitution prohibits caretaker chief ministers from attending the CCI session,” the court questioned.

“The constitution’s clause on elections in 90 days has already been violated, you still want action over your constitutional petition,” Justice Athar Minallah asked.

“Caretaker governments are still functioning after passing their 90 days mandate,” Abid Zuberi said.

“You shall file a separate petition for it,” CJP said.

“The election can be subjected to further delay if we entangle in the census matter,” Justice Athar Minallah said.

“The question is, if you want elections under 2017 population census,” chief justice asked.

“If the census is necessary for elections,” Justice Minallah questioned. “Do you want general elections,” he asked. “We want it,” the lawyer replied.

“Your plea is only focused to the census. Are you want jurisdiction of the constitution’s Article 224,” CJP asked. “Yes, it is my request,” Abid Zuberi replied.

“When 90 days are completed,” Justice Athar Minallah asked. “90 days will complete on Nov. 2023,” lawyer replied.

“Elections are possible in 90 days if the court issues order today,” CJP asked. “The elections could not be held on Nov. 03,” Abid Zuberi replied. “So, amend your petition,” CJP said.

“What can we do if the President didn’t give the election date. Can we issue notice to him,” chief justice questioned. “The President has immunity,” lawyer said.

“What can we do against the President, you can issue an order for restoration of your writ. Article VI will be invoked if someone violating constitution,” CJP said.

“You should focus on 90 days elections,” bench said. “If 90 days not possible, tell the court what is possible,” chief justice said.

“Who is authorized to give election date,” CJP asked. “The election commissioner has authority to give date,” Abid Zuberi said. “It is conditioned with the constitution and holding elections within 90 days is constitutional mandate,” he added.

“Who delayed the election within 90 days, you don’t point finger and saying the President had to give the date,” CJP said. “Are you saying the President has authority to give the date,” CJP asked.

“It means you are not challenging section 57 of the Election Act, we could take decision on election,” CJP said.

“We have to constitute five-member bench if want interpretation of the constitution. We can issue notice if you are talking only about elections,” CJP said.

“It is a question, who can announce election,” chief justice said. “If elections can be held within 90 days, it is another question,” CJP questioned, lawyers of petitioners.

“Our case is elections within 90 days,” PTI lawyer Barrister Ali Zafar said. “Article 48 authorizes the president to give election date. The constitutional mandate of holding elections within 90 days could not be altered. Who will give the date if not the President,” he questioned.

“If the President given the election date,” Justice Isa asked. Ali Zafar said that the 90 days’ time has now passed.

Justice Athar Minallah asked, “if we issue notice to the election commission”. The petitioner’s lawyer replied in affirmation.

In a court order it was said that the President of Pakistan was made a party via his secretary. “Usually, President sends presidential references to the court. The President has constitutional immunity,” according to the court order.