Aitzaz hails Justice Bandial for defending democratic principles

ISLAMABAD: Senior Pakistan Peoples Party (PPP) leader and lawyer Aitzaz Ahsan has voiced his support for holding elections in Punjab and Khyber Pakhtunkhwa within the mandated 90-day period, while praising Chief Justice Umar Ata Bandial for his strong stance against the so-called doctrine of necessity used to justify military coups.

Speaking at a lawyers' convention in Islamabad via video link late on Monday, Ahsan cited the Constitution of Pakistan which stipulates that elections must be held within 90 days after the dissolution of an assembly.

The convention was held in solidarity with Justice Bandial, who presided over a three-judge bench hearing the election delay case in the Supreme Court. The government had attempted to limit the chief justice's powers to form benches and take suo motu notice under Article 184-3, prompting the lawyers to gather in support.

After a week-long hearing, Justice Bandial reserved the verdict on Monday, which is scheduled to be announced on Tuesday.

The initial three hearings of the case were conducted by a panel of five judges, with Justice Amin ud-Din Khan recusing himself from the proceedings on the fourth hearing and Justice Jamal Khan Mandokhail on the fifth hearing.

Subsequently, a bench comprising the chief justice, Justice Ijaz ul-Ahsan, and Justice Munib Akhtar heard the case on March 31 and April 3.

Ahsan praised Justice Bandial for his strong stance against the doctrine of necessity, stating that "his fellow judges support him in this cause for the sake of the Constitution." He criticised the legacy of former chief justice Muhammad Munir and his doctrine, which he said led to the imposition of martial law in the country.

The doctrine of necessity has been deemed an invalid violation of democratic principles by the court of Justice Bandial. The doctrine originated from the belief that the military was the only institution capable of managing Pakistan's complex issues and that it was a benevolent protector of the state.

However, over the years, it has become clear that the Constitution is the true guardian of the people, and the doctrine of necessity undermines democratic principles.

Ahsan further added that efforts were being made to prevent the holding of elections in Punjab and Khyber Pakhtunkhwa, despite the constitutional mandate. He expressed concern that those responsible for providing security cover for the elections were attempting to undermine the electoral process.

He lamented that the Constitution was not being implemented, and expressed doubt that Interior Minister Rana Sanaullah would allow the Rangers to stand guard for the elections, as the paramilitary force falls under his jurisdiction.