Daily Times

Interim Prime Minister Anwaarul Haq Kakar has said that as per the law, deciding the date for general elections was the Election Commission of Pakistan’s (ECP) prerogative.

The caretaker premier gave this statement during his first interview after assuming the top office on a private news channel – aired on Sunday – when asked about the ambiguity on whether the authority to decide and announce the poll date rested with the president or ECP.

The issue arose after President Dr Arif Alvi invited Chief Election Commissioner (CEC) Sikandar Sultan Raja last month for a meeting to “fix an appropriate date” for general elections. This was after the ECP expressed its inability to hold elections within the constitutionally mandated period following the notification of the latest 2023 digital census, citing the need for fresh delimitation of constituencies under Section 17(2) of the Elections Act.

In his letter to the CEC, the president quoted Article 244 of the Constitution, saying he was duty-bound to get the elections conducted in the 90 days’ prescribed period once the National Assembly is dissolved prematurely. But a recent amendment to the Elections Act 2017 empowered the ECP to announce the dates for polls unilaterally without having to consult the president.

Citing this change to the law, the CEC responded to the president, saying that participating in a confab with him to decide the election date would be of “scant importance”.

Subsequently, the president sought the law ministry’s advice on the matter. And the ministry communicated to the president that the powers to announce the poll date rested with the ECP.

“The law of the land says that the Election Commission of Pakistan has to decide [the date],” the interim PM said during the interview.

However, he added, if the matter was taken to the superior judiciary where various constitutional experts give their interpretations of the law and the constitution, the “legal consequence [of this process] will be binding on us”.

“But until such a judgement comes, we are compelled to operate as per the [existing] law.” Asked whether the interim setup would abide by the superior judiciary’s decision if it concluded that elections were to be held within 90 days of the dissolution of assemblies, Kakar said: “No one should have any doubt about this.”

“Whatever the Supreme Court decides, it will be acceptable to us. It is for the judges to judge,” he asserted when asked about the courts deciding against polls being held after the 90-day period. PM Kakar also assured that the caretaker setup term would not be extended unconstitutionally. “We are an order of a constitutional continuation and will not stay [in government] even a moment beyond the period mandated under the constitution and law.

But this [time frame] will be decided by the law and it is linked to the announcement of polls’ schedule by the election commission, he said. The interim premier also announced that steps would be implemented to conserve energy soon. “You will soon see an execution plan on this,” he said, adding that the only factor barring the plan was that the Centre had yet to reach an agreement with provinces.

To a question, Kakar termed the May 9 violence “an attempted coup and civil war, the target of which was the serving army chief and his team in the military”.

The interim prime minister condemned the riots that ensued following the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in a graft in May this year.

“The vandalism and arson on May 9 were witnessed by the whole world and international newspapers reported the tragedy. This kind of manipulation is not acceptable in any form of government,” PM Kakar said.

The premier said the government does not want to create an impression that revenge is being taken against the accused of May 9 violence. However, he added, if legal action is not taken against those who violated the country’s laws and resorted to violence, then “we will be seen as a party to the matter”. The interim premier maintained no political party had the right to throw stones at others, abuse them, and burn buildings. Speaking about the new role that he has been chosen to perform, PM Kakar said: “I had no idea that I would ever sit on the prime minister’s chair.” He also shared his views on Islamabad’s policy regarding the Tehreek-e Taliban Pakistan (TTP) and other banned outfits. “The state has both negotiation and force tools to deal with the TTP or any banned organisation,” he said, clarifying the government’s upfront policy against terrorism. Commenting on the relations between Pakistan and India and the role of trade in this regards, the caretaker premier said the final decision on bilateral trade has to be taken by Indian politicians.