Holding election within 90 days not a choice but constitutional duty, says CJP Bandial

CJP Bandial pays tribute to former top judge justice Alvin Robert Cornelius.

Holding election within 90 days not a choice but constitutional duty, says CJP Bandial. Amid a judiciary-executive standoff over the matter of holding polls to the Punjab Assembly within the stipulated time, Chief Justice of Pakistan (CJP) Umar Ata Bandial has said that it is not their choice but a duty to ensure polls within 90 days following the dissolution of the legislature since it is mandated by the Constitution.

Addressing a ceremony on minority right in Lahore on Sunday, the chief justice also paid tribute to former top judge Justice Alvin Robert Cornelius.

Late Justice Cornelius from the minority Christian community served as the country’s chief justice from 1960 until 1968.

The CJP said the courts could not remain indifferent when it’s to constitutional enforcement.

The chief justice’s statement came as the Pakistan Democratic Movement (PDM)-led government and the three-member bench led by the CJP hearing the Punjab polls delay case locked horns over the matter of holding elections within 90 days.

During the last hearing of the case on Friday, CJP Bandial made it clear that if the talks between the government and the Pakistan Tehreek-e-Insaf (PTI) failed then the Supreme Court would use the Constitution to implement its verdict of holding elections in Punjab on May 14.

In this regard, PTI Chairman Imran Khan also announced on Saturday that from next week his party would hold rallies every day till May 14 — when elections in Punjab are scheduled to be held on the Supreme Court’s order.

Addressing his party workers at the Lakshmi Chowk metro station in Lahore, Imran said: “It is the entire nation’s decision to stand with the Constitution and [against] the mafia which is putting pressure on [judges] and doing propaganda against the chief justice and other judges.”

Apparently referring to the ongoing judicial and political crisis, the chief justice without naming anyone said: “Please don’t say that you support us. I’m just one of the members of the Supreme Court.”

He went on to say the support should not be extended to the Supreme Court but instead to any individual “if you stand up for the law and the Constitution”.

The CJP said the protection of the Constitution is the fundamental responsibility of the Supreme Court and added that the court’s decision is final if it’s not challenged

The chief justice also called for implementing the Constitution in letter and spirit saying “no excuses should be made”.

The top judge said the leaders, institutions and people of the country are determined to uphold the Constitution and added that political leaders were holding negotiations in this regard in a bid to break stalemate over holding elections in the country on the same day.

While responding to a question related to the audio leaks targeting politicians, judges and their families, the chief justice remarked: “You just say pray.”

He also signalled the reporter to stay quiet by putting a finger on his mouth.

It is pertinent to mention here that the govt-PTI negotiations — which were held in five formal and informal rounds — aimed at developing a consensus on a date for elections. However, despite agreeing to hold elections on the same date, the negotiating parties failed to reach a consensus on the date and submitted separate reports to the apex court.

On May 3, the Imran Khan-led PTI submitted its report to the Supreme Court on negotiations with the PDM-led government, requesting it to ensure implementation of its April 4 judgement regarding holding elections to the Punjab Assembly on May 14.

In the report, the PTI — the main opposition party — apprised the court of progress on negotiations, saying it held three rounds of talks with the team of ruling PDM, an alliance of 13 political parties, in line with the commitment made to the top court in the Punjab elections delay case.

During the recent hearing on May 5, Finance Minister Ishaq Dar also informed the Supreme Court that the ruling alliance “believes that political issues can best be resolved through dialogue and are ready to resume” it in the “larger national interest”.

The government made the assurance in its four-page statement submitted to the court. Dar submitted the statement on behalf of the government.