I was a lawyer for 20 years in India and a Judge for another 20 years ( including being the Chief Justice of 3 High Courts and a Judge in the Indian Supreme Court ), but I can’t make head or tail of what is going on in the Pakistan Supreme Court.
The hearing of the petition against postponement of elections of the Punjab and KP Assemblies is going on for the last 4 days, and twice the bench hearing the case has been dissolved. The CJP Bandial has said there are no differences among the judges, a statement belied by the orders of his own colleagues, two of whom recused from the hearing..
I simply can’t understand what is there for the Pakistan Supreme Court to decide ? The Pakistan Constitution says elections must be held within 90 days of dissolution of the Assembly. The Punjab and KP Assemblies had been dissolved on 18th January. Hence elections had to be held by 18th April, and so even the postponement of the elections to 30th April by the Election Commission of Pakistan was unconstitutional. How could they be further postponed to 8th October ? Is the ECP above the Pakistan Constitution ?
I regret to say that the Pakistan Constitution is treated as a joke by the powers that be in Pakistan. For instance, whenever martial law was illegally imposed in Pakistan the Pakistan Supreme Court validated it by inventing an egregious, flagitious and disreputable ‘doctrine of necessity’, which is unknown to jurisprudence throughout the world.
The performance of the present bench of the Court is equally debasing and scandalous. The Court should have dismissed the petition, as I would have done had I been on it, in 5 minutes by saying that elections must be held within 90 days of the dissolution of the Punjab and KP Assemblies. There was no scope for arguments about it. But instead a melodrama and comedy has been going on in the Court for the last 4 days, with lawyers, particularly those supporting the postponement of the elections, being permitted long winded arguments over a matter which really needed no arguments.
I would often tell lawyers in my Court ‘‘ Be brief, be quick, and be off ”. The same should have been said by the Judges hearing the case.
It seems evident that some elements in Pakistan are determined that no early elections be held in Punjab and KP, but what is particularly distressing is that the highest court in the land is, wittingly or unwittingly, collaborating in this egregious and deplorable design.
Thank you so much for giving an opinion.
A VERY ANALYTICAL AND EXPLANATORY ARTICLE BOTH WITH REGARDS TO CONSTITUTION AND POWER OF SUPREME COURT OF PAKISTAN. HOWEVER, BARRING A FEW JUDGES ARE PARTIAL BY SIDING WITH ONE OR OTHER POLITICAL PARTIES. POLITICIANS SHOULD NOT CONSIDER THEMSELVES ABOVE LAW / CONSTITUTION
Easy to propose being in this side of border, else would have been a party what’s going on.
Great comments based on facts.
The justice said very very correct on examining the situation in Pakistan’s election.
You are selectively choosing information. You don’t know that this judiciary particularly cj has been sidling senior most judges from all important cases and always sitting juniors judges called,hamkhyial judges in common languages. First these corrupt judges rewrite the constitution to bring a particular party s government in punjab and then they allied with a fascist cult leader with whom they have wested interests to do what that narcissist wants. They have lost credibility among the fellow judges and among masses. They are violating constitution.
Pakistani establishment is so corrupt and establishment are Generals and Sharif family more corrupt than establishment, and Zardari family no less then them now change has come and it’s Imran Khan who has brought the change with help of social media. Sharif and Zardari family won’t let go of the power and their illegal means of staying in power and it suits the Generals. Sharif and Zardari family looted the wealth of the country Pakistan for 30 years and still at it and Generals are paid percentage of the loot. If Imran’s party wins and it has 100% chance of winning. If Imran comes in power with 75 % of NA seats? Wich he will, some of the Generals and most of the journalists, cronies of Sharif and Zardari family will end up in prisons some of them might be hanged for killing innocent people for example Home minister, Rana sanaulah along side PM shabaz are wanted for having killed 18 people in Lahore. judges are bought for example next supreme Court judge Esah is the most corrupt. Army does not want elections, other so called political leaders I would call them crimnals.
With a heavy heart ,I have to agree with the comments and analysis by
Mr Justice(Retd) Markandey Katju, of the current events and situation in Pakistan Viz a Viz stand off between the parliament and highest judiciary of Pakistan regarding impending elections in Punjab province.This is all very unfortunate and unwanted when it is clearly mentioned in 1973 constitution of Pakistan that elections must be held within 90 days of the dissolution of assembly.There is no need of bickerings ,discussions and arguments when it is constitutional and legal requirement of holding elections within the stipulated period of 90 days from the date of dissolution of an assembly.Any other suggestion of postponement or extending the election date beyond constitutional 90 days is illegitimate ,illegal and unconstitutional.