ISLAMABAD : April 9,2023: In a move to simply shrug -off the authority of the Supreme Court of Pakistan (SCP), the government on Sunday ordered the Finance and Law Division to prepare a summary to seek parliamentary guidance on the release of Rs 21 billion to the Election Commission of Pakistan ECP) to conduct general elections in the Punjab.
Last week the apex court had set a deadline of April 10,2023 to release the funds needed to ECP to make arrangements for holding general elections in the Punjab.
A bench led by Umar Atta Bandial has fixed May ,20 for holding general elections in Punjab and issued direction to the Finance Division to release the required funds to the Election Commission of Pakistan (ECP) for conducting general elections in the Punjab on its fixed dates.
The government direction to its relevant divisions to prepare a summary to seek parliamentary guidance for release of the funds to ECP to make arrangements for holding general elections in the Punjab has a clear message for SCP.
The decision to seek guidance of the parliament is an indication that the government is not in a mood to accept the court orders in the matter . It’s obvious that the government will miss the deadline of April 10, 2023 set by SCP for release of the funds in question .
The government move in the case may end up at adding a new story in the on-going constitutional crisis.
Its obvious fallout may be initiation of contempt of court proceedings by the top court against the government (the prime minister and his entire cabinet which today decided to pitch the parliament against SCP).
SCP’s anger may also bite those ruling parties members of the national assembly who signed a resolution demanding the Umar Atta Bandial to resign as CJP.
If SCP does not show restraints in the case and goes by the hard and facts rule of the law it can go for initiating contempt of the court proceedings against the government . But it will not be an easy job for the top judge to go for this option without the support of his other brothern judges . Recent developments of division among the judges clearly demonstrates that CJP does not enjoy support of majority of his brothern judges .
If SCP shows flexibility it will end up at loss of total its regard and dignity.
In either case, tussle between SCP and government is not a good sign as it may expose the system to a serious risk.
