ISLAMABAD: The Supreme Court on Monday expressed its concern over non-convening of Council of Common Interest (CCI) meeting to decide on publishing the population census report.
A two-member bench comprising Justice Qazi Faez Isa and Justice Tariq Masood was hearing a local governments’ case.
Justice Faez Isa observed that the government is “incapable” of running the country and making decisions, adding the ruling party despite having governments in three provinces and at the centre, the CCI has not taken a single decision.
He said the court had passed an order for convening a CCI meeting but it was not held, adding that now meetings could be held through video links.
Justice Isa said that bypassing court’s orders is disrespect to the constitutional institutions. He inquired from the Additional Attorney General (AAG) as to why the CCI could not met in the last two months, observing that “it seems it is not the federal government's priority to publish a population census report.”
The judge observed that the population census was held in 2017, but after four years, its report could not be published. The AAG said that the CCI will meet on March 24, adding that the matter (population census report) is very sensitive therefore the federal government likes to reach a decision thru consensus.
Justice Isa questioned why the population census report is kept confidential, adding if a good work is done secretly, it creates doubts. He said that people should be aware of what the federal and the provincial governments are doing.
The bench expressed annoyance over the Punjab government for delay in holding the local governments' elections. It lambasted the provincial government for issuing the Local Government Ordinance. Justice Isa observed that according to the Election Commission of Pakistan (ECP) complications emerged due to new local bodies' law. He said the new law simply means that the provincial government does not want to hold local bodies elections in Punjab.
The judge remarked that “in presence of 374 members of Punjab Assembly, issuance of an ordinance is a joke with the people of the province.”
Justice Isa asked: “Is he [Punjab governor Chaudhry Sarwar] the viceroy of Punjab, a representative of people or an appointee of President of Pakistan?”
On this, the advocate general responded that the President on the advice of the Prime Minister appoints the governor. Justice Isa remarked: “Are we still living ruled by Britons that one man bypassed the Punjab Assembly.”
He asked the AAG Punjab to convey to the governor that he can neither give any political statement nor can he take part in political activities. The judge also asked Secretary Local Governments Punjab why the government had issued an ordinance. The secretary said that the “ordinance was intentionally issued to deprive 120 million people of the province of their rights”.
During the course of proceedings, Justice Isa remarked regarding the Chairman Senate election: “The election for the slot of chairman Senate was not conducted by ECP [Election Commission of Pakistan] officials”.
He observed that “such circumstances are being created in order to repeat the episode of East Pakistan”, adding people are being made to make people dislike democracy with a view to paving the way for dictatorship.
He said that the court will not remain silent the way the Ordinances are being issued. He said that everyone would have to follow the constitution and respect the people's mandate, adding, “We have already lost half the country.”
The bench referred the matter to Chief Justice of Pakistan for constituting a three-judge bench.
The apex court registrar was directed not to delay to fixing cases related to elections.
Copyright Business Recorder, 2021
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