ISLAMABAD : March 1,2023: A split decision of the Supreme Court of Pakistan. (SCP) will not serve purpose for holding elections in Khyber Pukhtunkhaw (KPK) and Punjab on the date fixed by president , Arif Alvi, as the government does not seem inclined to take the verdict as it is.
Rather the decision of the apex court is likely to add to confusion on Pakistan’s political fronts.
The government of Shahbaz Sharif does not find it necessary to seek any explanation from the court regarding KPK and Punjab elections dates.
A 5- member larger bench of SCP, headed by chief justice,Umar Atta Bandial, had announced the decision in the case on Wednesday and directed to the Election Commission of Pakistan (ECP) to take advice from president , Arif Alvi, and hold elections in Punjab and KPK on or close to the dates announced by him.
President Alvi had unilaterally announced April 4,2023 for holding general elections in the KPK and Punjab.
Pakistan Tehreek.e Insaf (PTI) has welcomed the apex court’s Wednesday’s decision and called off its “Jail Bharo” movement.
Within hour after the announcement of the decision by the apex court, two important ministers of Shahbaz government decried the verdict in the case and claimed that SCP:s decision in the case in question was a minority decision. Law minister , Azam Nazeer Tarar, and Interior minister , Rana Sanaullah , said at a presser that there was no need to seek any explanation from the court on the judgement as it was not given by majority of the bench members.
The ministers arguments give a clear idea that the government was not in a mood to implement the decision of the apex court to hold general elections in KPK and Punjab on the dates previously announced by the president.
The ministers claimed that president , Dr Arif Alvi’s announcement of dates for holding general elections in KPK and Punjab was unconstitutional.
It appears that the government will keep delaying the elections in Punjab and KPK for quite some time and ditch the court in this case as well.
Originally , the larger bench of the apex court had 9 members . Four disassociated themselves from the bench at an early stage . These four judges had observed that SCP should show restraints and let the High Courts decide the case. They also observed that the apex court’s decision of taking the suo moto in the case would set a bad precedent.
However , CJP ruled out these observations of his brothern judges who disassociated from the case and reconstituted a 5-member bench whose two judges also gave dissenting note along with foot notes.
The 5-member bench did not address the basic question in its verdict as on what grounds the provincial assemblies of the Punjab and KPK were dissolved. Justice Arhar Mina Allah had raised this key point and its ruling over by the 5-member bench in its split decision has set a bad precedent . The decision in this case like many others will keep haunting top judiciary of Pakistan for years to come.
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