{"id":15907,"date":"2023-05-05T16:42:22","date_gmt":"2023-05-05T11:42:22","guid":{"rendered":"https:\/\/dailyausaf.com\/en\/?p=15907"},"modified":"2023-05-05T16:42:22","modified_gmt":"2023-05-05T11:42:22","slug":"will-use-constitution-if-pti-govt-talks-fail-warns-cjp-bandial","status":"publish","type":"post","link":"https:\/\/dailyausaf.com\/en\/pakistan\/will-use-constitution-if-pti-govt-talks-fail-warns-cjp-bandial\/","title":{"rendered":"Will use Constitution if PTI-govt talks fail, warns CJP Bandial"},"content":{"rendered":"<p>Will use Constitution if PTI-govt talks fail, warns CJP Bandial. Chief Justice (CJP) Umar Ata Bandial warned 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<\/p>\n<p>The warning was issued when CJP Bandial resumed the hearing of the petition seeking simultaneous elections across the country.<\/p>\n<p>Apart from the CJP, the three-member bench included Justice Ijaz Ul Ahsan and Justice Munib Akhtar.<\/p>\n<p>The apex court bench heard the PTI petition that challenged the Election Commission of Pakistan&#8217;s (ECP) order to hold Punjab elections in October.<\/p>\n<p>Later, another petition was filed by a citizen, Sardar Kashif Khan, nominating the federal government, the ECP, and major political parties as respondents seeking the holding of polls on the same date across the country.<\/p>\n<p><em><strong>Read more:\u00a0<a href=\"https:\/\/dailyausaf.com\/en\/pakistan\/ecp-informs-sc-about-non-provision-of-funds-for-punjab-polls.html\">ECP informs SC about non-provision of funds for Punjab polls<\/a><\/strong><\/em><\/p>\n<p>In the last hearing on April 27, the three-member Supreme Court bench directed the government and PTI to hold talks while making it clear that its April 4 order on Punjab Assembly elections had remained unchanged.<\/p>\n<p><strong>More time needed for negotiations, says Naek<\/strong><\/p>\n<p>At the outset of the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan arrived at the rostrum and shared that the government has submitted its response on the talks with the Pakistan Tehreek-e-Insaf (PTI). He then said that Pakistan Peoples Party (PPP) lawyer Farooq H Naek would brief the court about the negotiations.<\/p>\n<p>Naek informed the court that the federal government had filed a combined petition regarding the date of the Punjab elections.<\/p>\n<p>Briefing the court about the negotiations held in the office of Senate Chairman Sadiq Sanjrani, Naek shared that the former had played the role of a \u201cfacilitator\u201d during the negotiations.<\/p>\n<p>He shared that there had been five rounds of negotiations between the Pakistan Tehreek-e-Insaf (PTI) and the ruling alliance.<\/p>\n<p>\u201cThe coalition parties informed PTI about the current economic situation in the country and the ongoing negotiations with the IMF,\u201d Naik said. He added that the PTI also agreed on the dire economic situation.<\/p>\n<p>He then said that while the ruling alliance had agreed to dissolve the National Assembly in August, \u201cmore time is needed for negotiations.\u201d<\/p>\n<p>In response to this the CJP inquired, why the IMF agreement had been emphasised in the government&#8217;s response.<\/p>\n<p>\u201cThe issue in the court is constitutional, not political,\u201d he remarked, adding that the court leaves the political matter to the political parties.<\/p>\n<p>Instead, he asked that the ruling alliance explain why the approval of IMF agreement and trade policy is so important in the matter.<\/p>\n<p>In response, Naek said that the IMF loan was \u201cnecessary for the budget.\u201d He contended that if the assemblies were dissolved, the budget would not be approved.<\/p>\n<p>\u201cIf the Punjab and Khyber Pakhtunkhwa Assemblies had not been dissolved, this crisis would not have occurred,\u201d he said, adding that the \u201ccrisis\u201d was also wasting the court&#8217;s time.<\/p>\n<p>Naek maintained that resolving the matter through understanding was the best recourse.<\/p>\n<p>The chief justice then asked whether the IMF loan would be added to the government\u2019s fund reserves or be used in the repayment of debts.<\/p>\n<p>\u201cThe finance minister can give this answer,\u201d Naek responded.<\/p>\n<p>He then asked Senator Naek: \u201cHas PTI recognised or rejected the importance of the budget?\u201d<\/p>\n<p>The chief justice remarked that no one can deny that the Constitution mandates elections be held within 90 days of the assembly\u2019s dissolution.<\/p>\n<p>The PPP lawyer agreed and added that there were no two opinions on the issue.<\/p>\n<p>\u201cThis is a matter of complying with the Constitutional along with one of public importance. The court has given a decision on holding elections in 90 days,\u201d CJP Bandial said, adding that he had heard the position of both sides on television last night.<\/p>\n<p>However, he warned that were the negotiation to fail, the court would not sit idle and would ensure that the elections are held on May 14, as per the Constitution.<\/p>\n<p>\u201cWe will use the constitution to ensure that the court\u2019s order is followed,\u201d he said, adding the court is performing its duty.<\/p>\n<p>The chief justice defended the top court\u2019s role in the matter and addressed accusations of \u201cnot abiding by the Constitution\u201d levelled against it.<\/p>\n<p>\u201cIt was said that in the past, the court did not respect the Constitution which caused damage,\u201d he said while referring to the statements made in the National Assembly. However, he said that the court always respected everyone\u2019s opinion and did not respond to any criticism.<\/p>\n<p>\u201cWe do not even get angry, because if we do our decisions may be affected.\u201d He asked Naek to compare the level of the conversation at the court and at the National Assembly.<\/p>\n<p><strong>Govt did not take case seriously:CJP <\/strong><\/p>\n<p>Naek then said that the court will have to re-examine the issue of conducting elections within 90 days.<\/p>\n<p>\u201cIt is necessary to have caretaker governments for elections, or no one will accept the results of the elections,\u201d he maintained.<\/p>\n<p>\u201cWhen the [case began] on February 23 you started pointing fingers. All these points were not raised at that time?\u201d said CJP Bandial. He also slammed the government for not taking the constitutional process &#8220;seriously\u201d.<\/p>\n<p>Naek responded: \u201cWe were not heard by the court.\u201d<\/p>\n<p>At this the top judge replied that when the apex court had started the hearing, the government had boycotted it.<\/p>\n<p>He said that after the boycott, the SC also bid \u201cgood bye\u201d to the government.<\/p>\n<p>He said that the government never tried to get a judgment on the matter previously and had, instead, consistently argued whether the petition has been rejected or accepted.<\/p>\n<p>\u201cWhen Justice Athar Minallah raised the point of restoring the assemblies, the government was not interested,\u201d the CJP lambasted.<\/p>\n<p>\u201cJust look at today&#8217;s conversation, no one is talking about rulings or law,\u201d said the top judge. He further censured the government for failing to file a review petition after the court had initially announced the election date.<\/p>\n<p>\u201cThe government is showing interest in politics and not in law,\u201d remarked CJP Bandial, adding that great sacrifices are being made for the sake of the country.\u201d<\/p>\n<p>\u201cWe lost six soldiers yesterday, this is our great loss, he said, \u201cApart from the economic situation, we are facing an important problem of security as well.\u201d<\/p>\n<p>If the politicians are left to their own devices, where will the constitution go? He asked.<\/p>\n<p><strong>PTI ready for simultaneous elections: Ali Zafar<\/strong><\/p>\n<p>PTI lawyer Barrister Ali Zafar, who was also part of the negotiating team, informed the bench that his party took part in the parleys with seriousness. He added that both the government and PTI have shown an inclination for holding polls on the same day but warned that the government might use the negotiations to prolong the issue.<\/p>\n<p>\u201cEveryone has to follow the decision of the Supreme Court,\u201d said Zafar. However, he added that when they asked the government to inform the court about the dissolution of the National Assembly they did not agree to it.<\/p>\n<p>\u201cWhatever the Supreme Court rules we will accept it [but] Supreme Court decision should be implemented,\u201d said Zafar.<\/p>\n<p><strong>Holding polls in one province may be destructive: Saad <\/strong><\/p>\n<p>After Zafar, Railways Minister Khawaja Saad Rafique came to the rostrum and told the bench he\u2019s not a lawyer so he may not be able to address the court properly but would speak the truth.<\/p>\n<p>\u201cWith respect, since 2017 Supreme Court committed injustices against us,\u201d the minister said, adding that they did not want confrontation with institutions.<\/p>\n<p>\u201cThe Constitution mentions about holding polls in 90 days but also talks about free and fair elections,\u201d Rafique said, warning that polls in Punjab will create more problems.<\/p>\n<p>\u201cWe have lost half the country over elections once. Holding polls in one province may be destructive,\u201d the minister said.<\/p>\n<p>He added that polls were delayed during the 1988 floods and after the assassination of former prime minister Benazir Bhutto.<\/p>\n<p>Rafique also asked the court that the government had filed a review petition on the Article 63-A case.<\/p>\n<p>\u201cWe are putting up that petition attorney general has been informed about it,\u201d responded CJP Bandial, adding that if this case is wrapped up then the Supreme Court can look into other matters.<\/p>\n<p>\u201cIf more time is granted then a [better] situation might arise,\u201d said the minister. He added that involving courts in political matters creates problems.<\/p>\n<p>\u201cFirst Zia, then Musharraf, and the recent veiled martial law ended [as well] so this time will also pass by,\u201d said the minister.<\/p>\n<p>CJP Bandial responded that elections were held during major wars, and in Turkey despite an earthquake. He added that the things being told to the court could have been said in writing.<\/p>\n<p>\u201cThe budget could have been presented in May. It is not necessary that the budget should be presented on June 30,\u201d said the top judge.<\/p>\n<p>Moving on, CJP Bandial said that the issue must be ended for the sake of the country.<\/p>\n<p>The Pakistan Muslim League-Nawaz (PML-N) leader responded that there is consensus on three points and it will be developed on the fourth one as well.<\/p>\n<p>\u201cThe current break in ongoing talks is not that huge,\u201d said Rafique.<\/p>\n<p>The government then requested more time for the talks and urged the court not to issue any directions after the case, saying that there was a \u201cbreak\u201d in the negotiations \u2014 not a \u201cbreak-up\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Will use Constitution if PTI-govt talks fail, warns CJP Bandial. Chief Justice (CJP) Umar Ata Bandial warned 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 The warning was issued when [&hellip;]<\/p>\n","protected":false},"author":8,"featured_media":14393,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,2],"tags":[733,960,148,253,194],"class_list":["post-15907","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-latest-news","category-pakistan","tag-pakistan-tehreek-e-insaf","tag-punjab-assembly","tag-ecp","tag-pmln","tag-pti"],"_links":{"self":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts\/15907","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/comments?post=15907"}],"version-history":[{"count":0,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts\/15907\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/media\/14393"}],"wp:attachment":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/media?parent=15907"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/categories?post=15907"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/tags?post=15907"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}