Govt rejects, PTI hails Supreme Court ruling overturning Punjab polls postponement

ISLAMABAD: The opposition Pakistan Tehreek-e-Insaf (PTI) party welcomed the Supreme Court verdict overturning the election commission's decision to postpone the vote for Punjab Assembly as a milestone in the nation's political history while the federal cabinet declared the court’s decision as a ‘minority verdict’ and ‘non-implementable’ with its law minister sees the ruling fueling the “constitutional and political crises” in the country.

The decision comes months after the Pakistan Tehreek-i-Insaf dissolved the assemblies in Punjab and Khyber Pakhtunkhwa in a (failed) bid to force snap national elections.

Since his ouster last April in a no-confidence vote in Parliament, Imran Khan, chairman of the party, has been demanding early elections. Prime Minister Shehbaz Sharif has dismissed the demand and kept to elections scheduled for later this year.

‘SC buried doctrine of necessity’

Speaking to reporters outside the court, Shah Mahmood Qureshi, deputy chairman of the party, emphasised that the ruling distinguishes between democratic and unconstitutional forces, and praised the court for restoring the sanctity of the Constitution and burying the so-called doctrine of necessity.

He went on to say that the chief election commissioner, Sikandar Sultan Raja, was now free to conduct elections, as the court had removed all pressures and provided adequate resources and security personnel for the task.

He urged Raja to fulfil his constitutional responsibility and conduct free, fair, and credible elections.

Qureshi said Supreme Court’s ruling was a defeat for followers of [doctrine of necessity and Justice Munir]. He congratulated Imran Khan and the entire lawyers’ community.

The PTI Vice-Chairman also felicitated the nation on the case victory. He said that the apex court had buried the doctrine of necessity while calling for the ECP to fulfill its responsibility and ensure transparent elections.

Qureshi extended an invitation to all political parties in Pakistan to come together and collaborate towards defusing tensions and creating a peaceful atmosphere in the country. He asked the party leaders and workers to go in their respective constituencies and start preparations for elections.

Meanwhile, Fawad Chaudhry, senior vice president of the party, praised Chief Justice Umar Ata Bandial and his judges, calling the former a "people's chief justice" and commending the respect he has earned through the verdict.

قوم کو آئین کی فتح مبارک ! سپریم کورٹ کا فیصلہ ہر پاکستانی شہری کے حقوق کا فیصلہ ہے۔۔

— Ch Fawad Hussain (@fawadchaudhry) April 4, 2023

Former finance minister Hammad Azhar said the court has "restored the Constitution and saved the democracy."

سپریم کورٹ نے آئین کو بحال کر دیا اور جمہوریت کو بچا لیا۔

قانون اور آئین کے دائرے میں رہتے ہوئے اس فیصلے کے علاوہ کوئی اور فیصلہ ممکن بھی نا تھا۔
سیاسی جماعتیں میدان سے بھاگتی نہیں۔ پی ڈی ایم بھی جمہوری عمل کا حصہ بنیں۔ یہ جمہوریت اور آئین کی فتح ہے۔

— Hammad Azhar (@Hammad_Azhar) April 4, 2023

He said that no other decision was possible while keeping within the line of law and the Constitution. He also called on members of the Pakistan Democratic Movement (PDM) coalition to be a part of the "democratic process", saying that the political parties don't quit the field.

The top court ruling is a blow to the government of Shehbaz Sharif, which wanted national elections and the voting for provincial assemblies held on the same day.

‘Cabinet rejects SC verdict in elections delay case’

Following Supreme Court decision Punjab polls case, the Federal Cabinet on Tuesday rejected Supreme Court’s verdict on election.

A federal cabinet session chaired by Prime Minister Shehbaz Sharif considered the decision of the apex court for holding elections in Punjab. The cabinet declared the court’s decision as a ‘minority verdict’ and ‘non implementable’.

A three-member bench of the Supreme Court today declared the ECP’s order postponing the provincial assembly elections until October 8 as “unconstitutional” and ordered the government to release Rs21 billion funds for elections in Punjab by April 10.

‘SC verdict will fuel constitutional crisis’

Reacting to the SC verdict on Punjab polls delay case, Federal Law Minister Azam Nazeer Tarar on Tuesday said the Supreme Court’s verdict will further fuel constitutional and political crises in the country.

After the apex court verdict, the law minister in a media talk raised questions over case proceedings. He said that the nation has witnessed a division among judges.

The Supreme Court today declared the ECP’s order postponing the provincial assembly elections until October 8 as “unconstitutional” and ordered the government to release Rs21 billion funds for elections in Punjab by April 10.

Law Minister Tarar regretted the decision of the three-member bench of the apex court, saying it will further aggravate the constitutional and political crises.

“Eyebrows are being raised over the six judges’ bench of the court formed today,” the law minister said. He appealed to the chief justice to “unite the house, none will be able to object over the united decisions”, he said.

“Still, we have time to constitute the full court bench for resolution of the matter,” he added.

'Legal fraternity terms verdict legally correct'

On the other hand, the legal fraternity acknowledged the Supreme Court (SC) verdict in the Punjab polls delay case as "legally correct" and debated its consequences.

https://twitter.com/wamwordoflaw/status/1643172449847226368?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643172449847226368%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

In a tweet prominent lawyer and analyst Muhammad Ahmad Pansota responded to his tweet saying "as long as the decision is legally correct, we can ignore the divisions".

https://twitter.com/Pansota1/status/1643191011584221185?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643191011584221185%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

"However," he added, "I still feel what you refer to as division is dissent in the SC. I am glad that all seventeen judges think differently."

To this, Mir responded saying, "the 'division' was not a reference to judicial dissent which I have long been an advocate of. We do need more dissent."

https://twitter.com/wamwordoflaw/status/1643198989343371265?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643198989343371265%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

"We ignore the chasms that go beyond political or judicial dissent at our own peril. 'Ignore' and pretend it is not happening? Tried that a few times, never works," he said.

Meanwhile, Pansota hailed the SC ruling saying Chief Justice Bandial, as he headed the SC bench, "chose to be Justice Cornelius and buried the doctrine of necessity once and for all".

https://twitter.com/Pansota1/status/1643161472061587457?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643161472061587457%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

"Undoubtedly," he maintained, "he [CJ Bandial] will go as the greatest chief justice ever in the history of Pakistan".

https://twitter.com/Pansota1/status/1643175215495512069?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643175215495512069%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

He also took a dig at those criticising the decision and threatening to boycott the SC's verdict as he shared Article 189 and 190 of the constitution that posit that orders of the SC are binding upon all other courts in Pakistan and that all judicial and executive authorities must act in aid of the apex court, respectively.

On the other hand, Mir maintained that "if the Doctrine of Necessity could be 'buried' so easily, it wouldn't be much of a ghost."

https://twitter.com/wamwordoflaw/status/1643171950972534785?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643171950972534785%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

"I'm curious how or why people think it is buried," he continued, "the ghost isn't going anywhere. It has been around all along and one could be forgiven for saying that it stands in a corner, chuckling away".

Another lawyer, Salaar Khan stated that while "one can legitimately debate the procedure [...] this would still have been the correct ultimate outcome".

https://twitter.com/Brainmasalaar/status/1643203418960412672?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643203418960412672%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

"To condone the alternative is to allow the clear text of the constitution to yield to the 2023 remix of necessity," he added, "that said, the importance of procedure cannot be understated -- and for the same reason."

https://twitter.com/Brainmasalaar/status/1643203424115212289?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643203424115212289%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

"The ends justifying the means is exactly that: necessity by another name. One can recognise this while remaining faithful to the text of the Constitution. Any contradiction is only imagined," he said.

https://twitter.com/Jaferii/status/1643189119793737728?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643189119793737728%7Ctwgr%5E9636456f34b0dcd433411b3b955365a13b96d2ac%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

Others anticipated another "constitutional crisis" would follow.

Dr Osama Siddique opined that "CJ Bandial could’ve avoided further meltdown by going for full court. He has predictably chosen attrition and contestation".

https://twitter.com/DrOsamaSiddique/status/1643209776203964416?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643209776203964416%7Ctwgr%5Eb939cfed0713f011994af52ef521aaecddc5dd70%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

"The fault lines of the SC now very evident in how he has picked the larger bench and who heads it despite legit bias concerns," he lamented, adding that, "Heads will roll. Let’s see whose?".

Constitutional lawyer Maryam S Khan said that "given the flux in power dynamics right now, one should expect the ECP to fight back, and in the process regain lost ground on the question of jurisdiction."

https://twitter.com/MaryamShKhan/status/1643190370203758595?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1643190370203758595%7Ctwgr%5Eb939cfed0713f011994af52ef521aaecddc5dd70%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftribune.com.pk%2Fstory%2F2409847%2Flegally-correct-lawyers-weigh-in-on-sc-punjab-polls-verdict

"Let the play continue around the constitution," she said sarcastically, "what better way to usher in its 50th anniversary".

Maryam Nawaz takes aim at SC judges after elections verdict

Pakistan Muslim League Nawaz (PML-N) Senior Vice President and Chief Organizer Maryam Nawaz took aim at the Supreme Court judges after verdict against postponement of elections to the Punjab Assembly.

Maryam Nawaz tweeted: “Today’s verdict of Supreme Court against delay in Punjab elections is a part of conspiracy and it is a beginning to rewrite the constitution.”

https://twitter.com/MaryamNSharif/status/1643205009293574144

She said that today the Punjab government has been presented to the PTI chairman Imran Khan in a plate. This bench of Supreme Court has now taken the responsibility of doing what the former chief justice Saqib Nisar, Justice Asif Saeed Khosa and former ISI chief Faiz Hameed, did in 2018.

https://twitter.com/MaryamNSharif/status/1643205240324251649

The PML-N senior vice president said that the majority of the supreme court judges have opposed the facilitation done through a ‘one man show’.

https://twitter.com/MaryamNSharif/status/1643207475485724672

She maintained that just rejecting the verdict is not enough, now is the time for parliament to make efforts to stop this facilitation of PTI through legal and constitutional ways.