The Case of Early Elections
Chief Justice Supreme Court Justice Qazi Faiz Isa raised pertinent questions relating to the request made by the Supreme Court Bar Association President Abid Zubairi and Mr Ali Zafar, lawyer representing the Pakistan Tehreek-e-Insaf (PTI) in a case on the holding general elections within 90 days. Instead of focusing on the rhetoric he correctly pointed out that the idea of holding elections within the period of 90 days needs to be looked at by putting on the table practical suggestions instead.
The three-member bench is being presided over by Chief Justice Qazi Faiz Isa. The bench consists of Justice Athar Minallah & Justice Amin-Ud-Din Khan.
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There were some very important questions raised by their Honorable Justices:
A] Justice Amin-Ud-Din Khan inquired why the Constitution did not specify when elections should occur if the census had been completed.
B] Justice Qazi Faiz Isa stated that the Constitution mandated a new census. He wanted to know why it was so delayed.
C] SC Justice Qazi Faiz Isa asked if it was a constitutional provision that elections must follow the census from 2017 to 2021. To this query, Mr Abid Zubairi stated that elections within 90 days are the demand irrespective of the circumstances.
D] Justice Athar Minallah asked why it was not mentioned as to what the stipulated time period is that is required in the Constitution to hold elections after the census was completed.
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E] Mr Ali Zuberi was also questioned upon being told it was the Pakistan Tehreek-e-Insaf (PTI) government to have timely conducted the census, “Why did it take four years for the census to be approved? You seem to be blaming the delay on someone else, so tell us who was responsible for the delay in the census. If the census was approved in 2017, why wasn’t it conducted sooner? Why do you present half-truths? The previous government did not conduct the census, and when the new government did, you call it incorrect. Why didn’t you challenge the census at that time?” [Hum News Web Desk Oct 23, 2023]
F] Justice Athar Minallah remarked, “If a census is constitutionally required, then it becomes a matter for the election commission to decide.” [Hum News Web Desk Oct 23, 2023]
G] The Chief Justice stated that those who did not timely carry out their constitutional duties cannot raise questions now regarding delay, constituency delimitation, and related issues.
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These are some of the important questions raised. One thing that was apparent was the desire by the learned Court to address the core issues & instead of bandying about the rhetoric, focus on the “doable.” It also points towards understanding different stakeholders’ delays in doing their constitutional duties.
As per the analysis of this scribe, after resolving the issues involved within, the matter will likely be diverted to the ECP to give a final date. However, the question(s) of law have to be settled & will be settled, not only for now but also to serve as a future precedent.
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The writer is a lawyer, academic and political analyst. She has authored a book titled ‘A Comparative Analysis of Media & Media Laws in Pakistan.’ She can be contacted at: yasmeenali62@gmail.com and tweets at @yasmeen_9
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