In a function in Lahore the Chief Justice of Pakistan, Justice Bandial, said that it was the duty of the Supreme Court to uphold and enforce the Constitution, and referring to Article 224(2) he said ” 90 days meant 90 days ”.
https://www.youtube.com/watch?v=OABhNuYP37w
But the Punjab Assembly was dissolved on 14th January, so by virtue of Article 224(2) elections had to be held by 14th April. Why then were they fixed for 14th May ? Evidently Justice Bandial thinks that 90 days and 120 days are the same.
Later his bench said that if the parties agree, a later date could be fixed. But there is no proviso to Art 224(2) of Pakistan’s Constitution which says that if the parties agree the date of elections could be extended beyond 90 days.
So with respect to Justice Bandial, I must say that his words sound like hot air and empty bravado, but do not match his deeds. By repeatedly adjourning the case after the Court’s order of 4th April, and by entertaining frivolous and specious arguments of lack of funds, problems of security, etc his bench ensured that even the order fixing 14h May for the Punjab elections would not be carried out.
And when it came to taking strong action for contempt of court, instead of sacking the PDM Govt ( following the precedent of sacking of former PM Yusuf Raza Gilani ) and jailing the contemnors, he seems to have developed cold feet.
In conclusion I may add that it was highly improper for Justice Bandial to have spoken publicly about a case, particularly when it is still pending. He seems to have fogotten the long standing, well established, convention that a Judge should only speak through his judgments
