Daily Times

The Supreme Court will be updated about the outcome of a dialogue among political parties on the date of elections at the next hearing on April 27, Attorney General for Pakistan (AGP) Mansoor Usman Awan said on Thursday.

A three-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijaz ul Ahsan and Justice Munib Akhtar, directed the ruling and the opposition political parties on Thursday to immediately thrash out a consensus on the date of elections and update the bench by 4pm. The directives came after the Pakistan People’s Party (PPP) and Pakistan Muslim League-Nawaz (PML-N) assured the apex court that they would sit with the Pakistan Tehreek-e-Insaf (PTI) and try to find a solution on the election date.

During the hearing, the coalition parties told the court that a dialogue with the opposition was planned after Eid, but Justice Bandial instructed the government to hold talks the same day. However, the proceedings did not resume at 4pm. Instead, Farooq H. Naek, who was representing the PPP, and Attorney General for Pakistan (AGP) Mansoor Usman Awan met with CJP Bandial in his chambers.

Around 5:30pm, Naek told reporters that the CJP had been informed that dialogue had been initiated with the PTI. Meanwhile, AGP Awan said: “It was decided to give each other some time.”

In the written order, the court said, “Having heard the positive statements of [the] political leadership of the country representing all major political parties with respect to the simultaneous holding of general elections of the National Assembly and four provincial assemblies gives cause for optimism that they would agree to an election date sooner rather than later.”

The court also said that it was “impressed” to note that all political leaders had affirmed their fidelity to the Constitution which was “supreme and must be adhered to”. “We are cognisant that if political dialogue extends to address all grievances, then it is likely to be a lengthy process and the correct forum for that is the political arena and political institutions. However, we did not find any reservations to the negotiations being centred solely on a one-point agenda, namely, consensual fixation of a date for holding of general elections of the National Assembly and four provincial assemblies which is a constitutional and legal question,” the order said.

It went on to say that it was important that such a result is reached “expeditiously” as the court had already fixed May 14 as the date for polls in Punjab. The SC said that the judgement “holds the field” and its ruling was, therefore, binding on all judicial and executive authorities in the country under Article 189 and Article 190 of the Constitution.

The court said the proposal for holding the first meeting of all political parties was “appreciated and welcomed by the court”. It further said that today’s hearing was adjourned till 4pm and the AGP was directed to report the progress of talks between the political parties in chambers.

“Thereafter, the learned AGP along with Farooq H. Naek […] met the bench in chambers and apprised them of deliberations amongst the senior cabinet members of the government and their interaction with a senior officer bearer of the PTI.

“They submitted that a recess is being taken on account of Eidul Fitr holidays because several political leaders and party heads have already left or leaving Islamabad for their hometowns to celebrate Eidul Fitr. However, a meeting has been scheduled amongst the said leaders on April 26, 2023,” the order said, adding that it should be informed of the progress when the hearing resumes on April 27.

At the outset of the hearing, the CJP appreciated Jamat-e-Islami chief Siraj ul Haq for making efforts to initiate a dialogue between the PTI (PTI) and the government. “You have undertaken a good initiative. May Allah help you succeed,” CJP Bandial told the JI chief. The top judge then turned to PTI Vice Chairman Qureshi and asked if his party was okay with the Supreme Court’s advice on holding talks. “PTI believes that the country should move ahead with constitutional supremacy. PTI always believes in the Constitution, whatever the Supreme Court orders we will accept it,” Qureshi told the CJP. The lawyer representing one of the petitioners maintained that all the issues would be resolved if the polls were held on the same date.

While holding a press conference in Islamabad, Bilawal Bhutto referring to the three-member bench of the Supreme Court of Pakistan (SCP) said that only three people are seeing the election on May 14. He expressed his hope that chief justice should first establish unity among judiciary.

“We hope that all the parties will agree to a single point,” Shah Khawar said. At this, CJP Bandial remarked that “court verdicts create complications”. “It’s a blessing if the political parties settle the matter through mutual understanding,” he added. He said that the court would hear the government first and directed the representatives to inform the bench about the one-point agenda on the elections. The top judge also appreciated the top leadership of the country for attending the hearing on the court’s call. “The nation is anxious, there would be peace if the leadership resolves the issue,” CJP Bandial remarked. The top judge commended the Ministry of Defence for a good briefing on the matter and thanked PPP Co-chairman Asif Ali Zardari for agreeing to the court’s suggestion of talks.”It is a good that the PML-N has also agreed to our suggestion,” CJP Bandial said.

At this, Naek maintained that the ruling coalition always had the same stance that elections should be held simultaneously as the 90 days period has expired in Punjab and Khyber Pakhtunkhwa. He said that the coalition government is holding consultations over polls on the same day and will engage PTI and allies on the matter right after Eid-ul-Fitr. After this, Khawaja Saad Rafique proceeded to the rostrum. He said that his party was ready for dialogue with the opposition to find a solution and elections on the same day. “We politicians are friends with each other. Social media has a big role in showing differences,” Rafique said.

Meanwhile, Sardar Ayaz Sadiq said that BNP-Mengal leaders were currently in Chaghi but were standing by the government. “A solution will come out if we sit down together,” he said. Moreover, PPP’s Qamar Zaman Kaira said that he agreed with Rafique’s statement. He said that his party was the first to initiate consultations with the allies.

PML-Q’s Tariq Bashir Cheema said that they had been calling for elections on the same day from day one. “We will support elections on the same day in all circumstances,” Cheema said. Meanwhile, Muttahida Qaumi Movement-Pakistan’s (MQM-P) Sabir Qaimkhani said that they stood by the apex court and will accept the decision made mutually. “We support simultaneous polls and dialogue,” Qaimkhani said. Balochistan Awami Party (BAP) leader Israrullah Tareen told the court that holding polls on the same date is important as small provinces like Balochistan would be affected.

CJP Bandial then summoned PTI’s Qureshi on the rostrum. Qureshi told the bench that his party was ready for polls and would support the dialogue to take political matters forward. On the Punjab polls, Qureshi commented: “PDM said if Punjab Assembly is dissolved then we (the government) will dissolve the National Assembly. We (PTI-led coalition) dissolved the provincial assembly on PDM’s advice.” He added that the legal way forward was “clear” but they will also look at the “political way” forward. “PML-N went back on its stance,” said Qureshi. He added that the PTI is ready for “comprehensive talks” if they are held within the ambit of the constitution.

The PTI vice chairman also told the court that his party feared that the government might prolong the talks. On the issue of funds related to the polls, Qureshi said that the government’s decision to run the country via Parliament would lead to “anarchy”. “If reasonable suggestions are put forward then a way forward will come,” said Qureshi. On this point, PML-N’s Rafique came to the rostrum again and said that they didn’t agree to any statement given by Qureshi. He also added that the court should not be turned into a “debate club”. While PPP’s Qamar Zaman Kaira said that no harsh remarks should echo in the honourable court.

“We will make political debates on the forum of the parliament,” he said. Kaira also denied the government would try to prolong the issue of elections. “We assure the court of not wasting the time beyond the constitutional period,” Kaira added. Moving on, CJP Bandial called Awami Muslim League (AML) chief Sheikh Rashid Ahmed to the rostrum. The politician said that the court’s decision would be the entire nation’s decision. He, however, expressed fear that the matter will be delayed till Eid-ul-Azha.

JI chief Siraj-u-Haq suggested that polls be held across the country after Eid-ul-Adha. Sharing his arguments with the court, Haq maintained that the elections were an issue for the entire nation instead of a couple of political parties. He said that his party was with neither PTI nor PDM. He then proposed holding polls on a “suitable date” after Eid-ul-Azha. “The judiciary should leave this matter to the political parties and honour its word,” Haq said. “Elections have already delayed past 90 days. If elections can wait for 105 days after the dissolution of two provincial assemblies then they can also be held after 205 days,” said Haq. He added that the judiciary, army and Election Commission of Pakistan (ECP) should stay away from politics and urged everyone to take a step back from their stance. Meanwhile, PPP’s Naek requested the court to allow the ECP to extend the date for the polls so parties could issue tickets. “After the court order Election Commission cannot extend the date for the polls,” said Naek.

CJP Bandial remarked that ECP could make changes to the schedule without changing the date of the polls. However, the top judge said that Supreme Court would ensure its May 14 decision was in place. “Supreme Court’s decision of holding polls on May 14 will not be taken back,” said CJP Bandial. He added that no political party leader termed the decision on polls incorrect. “Negotiations can be successful if it’s a two-way street. It is requested that the party leaders sit today, rather than after Eid,” said CJP Bandial.

The top judge also suggested that elections can be held in July after Eid-Ul-Azha as suggested by JI chief. At this, PPP’s counsel stated that the ruling alliance will talk to Maulana Fazl ur Rehman during the Eid holidays. However, CJP Bandial remarked that PPP’s Bilawal Bhutto made good efforts and hoped that JUI-F chief would show leniency. “Court will not take back its May 14 decision [and] court decision cannot be ignored. Reversal of court decision is not a joke. There is a procedure to overturn court decisions,” said CJP Bandial.