During the course of hearing today, the Chief Justice of Pakistan, Umar Ata Bandial, made some significant remarks during a hearing on election petitions. He reminded everyone that according to the constitution, it is mandatory to hold elections within 90 days, and the court has decided to hold hearings on a daily basis from morning to evening to expedite the process.
Furthermore, Chief Justice Bandial commented on the issue of caretaker governments, stating that they cannot remain in power for more than 90 days after the dissolution of assemblies. The issue of caretaker governments exceeding the 90-day time limit was also brought up.
The Ministry of Defense’s report was discussed during the hearing, and Chief Justice Bandial expressed concern, terming it as a “strange request” made by the Ministry, asking whether the Ministry of Defense can ask to hold elections together. Chief Justice Bandial declared that this request is non-maintainable.
Earlier, Attorney General for Pakistan (AGP) was called to the rostrum and asked to read the finance ministry’s report out loud in the courtroom.
CJP Bandial remarked that the government had said that the funds required for conducting polls would be issued via a supplementary grant. “On the contrary, the matter was sent to parliament,” he remarked.
The AGP told the court that the NA Standing Committee on Finance and Revenue had referred the matter to the cabinet and parliament.
At this, Justice Akhtar remarked that a majority of the committee’s members were part of the government. He also asked how the government could be barred from approving a grant.
He said that the prime minister should have a majority in the NA and that it was mandatory to have a majority in “financial matters”.
He went on to say that the Constitution gave the government the right to issue a supplementary grant and questioned how the assembly could intervene.
Taking post-facto approval of the grant would have been “risky”, the AGP replied. He said that in the current case, there was sufficient time to seek the NA’s approval before issuing the supplementary grant.
“The finance ministry’s team said again and again that approval for the supplementary grant could be sought later,” Justice Akhtar said, adding that the ministry had referenced Article 84 of the Constitution. He again wondered how the supplementary grant could be rejected by the NA.
“Are you aware of the consequences of rejecting a supplementary budget? First, answer this question then [we] will move forward,” Justice Akhtar said.
AGP Awan stated that the right to approve a supplementary grant lay with parliament. He said that the NA had already expressed its opinion regarding the matter at hand through a resolution.
“If the government was serious, could it not have gotten the supplementary grant approved?” Justice Akhtar asked. The AGP replied that if post-facto approval was not granted, then the expenses would be classified as “unconstitutional”.
“It is imperative for the premier to have a majority in the NA. AGP try to understand, the matter is very serious,” Justice Akhtar said.
Justice Munib Akhtar stated that if the court hadn’t taken notice last year, the National Assembly would have been dissolved. He further elaborated that the Elections of National Assemblies are required to be held in the presence of Provincial Assemblies, and the time of election is set in the Constitution after the Assembly’s dissolution
On one occasion, the Chief Justice remarked that it would have been better for the three military officials who had previously met with him in private to attend the open court session today. He further remarked that during a briefing, he had asked the Director-General of Military Operations, the Director-General of the Inter-Services Intelligence, and the Defense Secretary why they had not attended the hearing when it was in progress. The Chief Justice added that the military officials were informed that the court had already made its decision and that it could not back out from it.
After the hearing, the SC issued notices to political parties for tomorrow, and adjourned the hearing until 11:30 am Thursday.
