ISLAMABAD: The Supreme Court asked why the federal government and the Pakistan Tehreek-e-Insaf (PTI) cannot resume dialogue process for restoring peace, and to solve the issue pertaining to holding elections in the country.
A three-judge bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, on Monday, heard the review petition of the ECP.
The bench issued notices to the respondents, the attorney general for Pakistan and the advocate generals of the Punjab and Khyber-Pakhtunkhwa (KP) for next Tuesday.
The deadline fixed by the bench for general elections in the Punjab and KP expired yesterday (May 14).
It has also disposed of the petition seeking same day elections across the country. The chief justice said: “Why can’t both sides resume dialogue and cooperate.”
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We have to be patient and calm. He said the Court does not just have to see the Constitution but have to also keep in mind the circumstances.
The CJP asked Barrister Ali Zafar, who represented the PTI, “Does he think that the court is not aware of holding elections in 90 days?” He said Justice Ajmal Mian in a judgment stated that “in time of war law goes silent.” If the calm is restored then the constitution will work. Let’s hope for a better situation, he said.
The chief justice asked Ali Zafar to tell his client to support the dialogue process. He asked the attorney general: you (the government) have petty points to avoid the real issue. “You have to come forward.”
He said holding of elections within 90 days and May 14 (SC fixed for holding elections in the Punjab) is sacrosanct, but the Court also has to see the high moral grounds. Both sides have to persuade the apex court with their conduct that things will repair. He said both sides are political parties, which are mature and strong.
He said when there is mayhem outside (the court) then who will enforce the Constitution. “We speak not in the air.” He questioned whether election results, in such a polarised environment, would be acceptable.
Zafar informed that the court had suggested dialogue to resolve the matter, adding how dialogue could be held in the situation when two members of the PTI Committee were arrested, and other PTI leaders are also in police custody. As the dialogue has failed; therefore, now the time is for the implementation of the constitutional mandate.
Attorney General for Pakistan Mansoor Usman Awan submitted that he was the first person who had proposed that a solution to the situation needed to be found at the dialogue table. He; therefore, asked that little time be given. He said there are good people such as Ali Zafar and Shah Mahmood in the PTI.
The AGP said that the government has taken the dialogue process seriously, adding the dialogue was going on but it ended suddenly. He said whatever had happened last week should not have happened.
Zafar said the way Imran Khan was mishandled within the premises of the Islamabad High Court was illegal. The chief justice asked Ali Zafar to start a conversation and allow the dialogue some time. “Rhetoric is damaging.”
He said; “We would not talk about politics,” He said it is a matter for the politicians to decide through consultation, discussion, and dialogue.
The Supreme Court is here to defend and protect the fundamental rights of people. “People will be happy if there is peace in the country.” See the economic situation, he said adding because of the protests the Motorways are deserted and the business is stuck.
Copyright Business Recorder, 2023