Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday said that a delay in elections will allow “negative forces” to swing into action and “play tricks” on the country.
The Supreme Court of Pakistan on Thursday resumed hearing on a petition filed by the Election Commission of Pakistan (ECP) seeking review of April 4’s ruling regarding holding of elections in Punjab on May 14.
A three-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan is hearing the case.
Beginning his arguments, the ECP lawyer Sajeel Swati said Supreme Court rules could not reduce the Constitutional authority.
At this, Justice Ijazul Ahsan inquired how the rules undermined the Constitutional authority. “The top court in various cases had declared that the scope of the review could not be limited,” Swati replied.
Mr Swati said the existence of the caretaker setup was a must for holding elections, adding that the Constitution provided a procedure for the appointment of interim governments.
The bench then directed Swati’s attention to the role of the interim government.
The ECP lawyer said that family members of caretaker cabinet cannot participate in elections.
“In order to maintain transparency in elections, this ban was added to the Constitution.”
Justice Ahsan then inquired: “If a provincial assembly is dissolved in six months, will the caretaker government remain for 4 and a half years? Will we wait for the dissolution of the National Assembly for 4 and a half years?”
Swati confirmed, saying that the caretaker government would work in the respective province for 4 and a half years.
The chief justice remarked that compensation could also be made by electing new government for remaining period. “How it is possible in the Constitution that an elected government serves for six months and interim set-up serves for four and a half years,” he observed.
The CJP remarked that negative powers got active in the country when elections were delayed. “How long the democracy will be sacrificed by postponing the polls,” he said.
