The PMLN leader Maryam Nawaz Sharif has said that the judges of the Pakistan Supreme Court who directed Punjab Assembly elections to be held on 14th May were biased in favour of Imran Khan, and were guilty of a conspiracy.
But what have the judges decided ? They have only held that Article 224(2) of the Pakistan Constitution, which requires that elections to a Provincial Assembly to be held within 90 days of its dissolution, must be implemented. How can that be said to be a biased view ? It is only in accordance with the Constitution.
The PDM has said that it will not accept or implement the Supreme Court decision. That is like a team in a football match saying it will not accept a decision of the referee awarding a penalty to the opposite team, or that it will not accept the decision of the linesman holding a player to be offside. Can any match be played if this is accepted ?
Children who lose in some match often declare that there was cheating, and a child who is losing in a chess game sometimes flings the chessboard and the pieces on it away. This is precisely how the PDM leaders are behaving. They know that if early elections are held they will be wiped out, as Imran Khan is immensely popular in Pakistan as he is perceived by the public to be honest, while the PDM leaders are perceived as a gang of thieves. So they are opposing the Supreme Court decision tooth and nail.
The lawyer of the Election Commission of Pakistan Irfan Qadir has said that only the ECP could fix a date for the elections, not the Supreme Court.
But how could the ECP be trusted when it had clearly and flagrantly flouted Article 224(2) of the Pakistan Constitution by postponing the Punjab Assembly elections to 8th October ? Obviously the ECP succumbed to some pressure.
No doubt ordinarily the date of elections is fixed by the ECP. However, Article 187 of the Constitution states ” The Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it ”.
This provision, which is analogous to Article 142 of the Indian Constitution, is very widely framed. It enables the Pakistan Supreme Court to not only issue decrees but also directions or orders. So under this provision the Supreme Court can, in exceptional circumstances, fix a date for holding the elections where it feels the ECP will not act objectively.
After her party lost in the Supreme Court Maryam Nawaz Sharif is behaving like a ” khisiyani billi khamba noche ‘