ISLAMABAD, Apr 27 (NNI): The Supreme Court on Thursday adjourned indefinitely the hearing of the petition seeking simultaneous elections in the country after hearing from all the sides about the prospects of the talks between the government and the opposition.
Chief Justice Umar Ata Bandial declared that political parties should sit together and find a solution to the issue otherwise the court is there to act. He remarked the court had proposed political dialogue keeping in view the prevailing situation in the country. “The political atmosphere is bitter,” he said.
The Chief Justice remarked “We will issue an order, but there would neither be any directive nor any timeline regarding the talks.”
The court outrightly rejected PTI’s request to set a timeframe for the talks with the government.
CJP Bandial remarked the court could not force the government to enter into dialogue with the opposition. “There is a proposal, not an order, to hold talks. For now, the court is not issuing any directive or timeline,” he made it clear.
The top judge observed that there is Constitution and the apex court’s judgement if there would be no outcome of the talks.
The CJP made these observations as head of a three-member Supreme Court bench, and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, heard the same-day elections petition. However, the hearing was adjourned barely an hour after it started with the CJP saying that a detailed order would be issued later.
As the proceedings were set into motion on Thursday, the court questioned government’s approach towards holding talks on elections with CJP Bandial asking what steps the government has so far taken in this regard. Government is dilly-dallying with the issue, he added.
The Chief Justice maintained that politicians should themselves find solutions to the problems, adding “the Constitution and our order is there” if the differences were not sorted out through talks.
A number of politicians and lawyers including PTI’s Shah Mehmood Qureshi, Law Minister Azam Nazeer Tarar, JUI’s Mian Aslam Iqbal and Attorney General for Pakistan (AGP) Mansoor Usman Awan were present.
The court once again did not allow Tehrik-e-Labbaik Pakistan’s request to become a party in the case.
Attorney General for Pakistan Mansoor Awan informed the justices that the first contact between the government and the opposition took place on April 19 and it was decided that a meeting will be held on April 26.
The AGP further said that PML-N’s Ayaz Sadiq and Khawaja Saad Rafique had met PTI’s Asad Qaiser on April 25, however, the latter said he was not authorised to decide on the matter of talks. The CJP intervened and asked: “After Asad Qaiser’s refusal, was an attempt made to find out who is authorised for the talks?”
Mansoor Awan said despite differences, the government and PTI found a way forward and apprised the court about the committee formed by Senate Chairman Sadiq Sanjrani for holding a political dialogue.
The AGP said “The Senate chairman has asked both the government and the opposition to nominate four names each for the committee.” He further said he had found out from the media that PTI’s Shah Mehmood Qureshi was authorised for holding talks with the government.
The CJP inquired: “In what capacity was the Chairman Senate contacted PTI?” He also remarked that Sanjrani was neither the representative of the government nor the opposition, adding “If the government was serious about talks, it would have made efforts itself.”
Justice Bandial observed “The court can’t force the government into negotiations.” He stressed the court only wanted implementation of the Constitution so that a way could be found out of the current crisis. “We don’t need any explanations, tell us a solution,” the CJP said, highlighting it would take Sanjrani’s committee time to initiate the talks.
At that point, PPP lawyer Farooq H Naek informed that court that all the parties in the ruling coalition had agreed on holding talks with the PTI and Senate was the only forum where all the political parties were present. He further stated that the Senate chairman was playing the role of a facilitator and talks would only be held by the political parties. “This is a political issue and will only be resolved by political leaders … only politicians should be allowed to decide the future of politics,” Naek elaborated.
PTI’s Shah Mehmood Qureshi came to the rostrum and reminded everyone that the apex court had provided the political leaders with a chance for consensus during the previous hearing. “But the PDM has still not reached a consensus regarding the talks,” he claimed, adding the PTI is very seropis about the talks.
The PTI leader disclosed no one had approached his party as yet. “Imran Khan had named me, Fawad Chaudhry and Ali Zafar for the talks,” he announced, adding “But to date, no one has contacted me.”
Qureshi then informed the court that the Senate chairman called him yesterday regarding the committee for political dialogue. “I asked him where the advisory given by the SC was … the Senate committee is just a delaying tactic.”
Qureshi further said yesterday’s NA session was a violation of the parliament’s rules, stressing a matter that was being discussed in the court could not be dragged into the assembly. “I felt ashamed at hearing threatening language and tone in the parliament,” he said.
In response to Qureshi, Farooq Naek questioned who was looking down on the parliament and the court. “We can’t agree with what Qureshi said. Give your names, we are ready to sit for talks tomorrow,” he added.
The CJP said one had to exercise patience when it came to holding a dialogue. “The Supreme Court never passed an order for talks, rather it was an advice. It will be business as usual if a consensus, for the protection of national interest and the Constitution, is not reached,” CJP Bandial remarked.
The chief judge inquired what “is the science” behind providing names for talks and if the government had nominated five members from its side. In reply, Farooq Naek said the government would finalise its names within three to four hours.
The CJP hoped talks between the government and the PTI would be held today, and suggested Farooq Naek was included in the negotiations for “smooth sailing” of the dialogue process.
AGP Mansoor Awan assured the apex court that efforts were being made to hold the first meeting, between the government and the PTI on Thursday.
The CJP said political matters should be solved only by talks and adjourned the hearing. He said the court was not issuing any order or timeline and that a detailed verdict would be released later.
Talking to the media outside the court, Qureshi said the PTI was prepared to sit in the parliament today for talks. “We will be there only if the government is serious about the talks,” he added. He stated that his party had already put forward the details of its committee for dialogue and demanded the government should do the same. He said the PTI feared the government would use the talks as a “delaying tactic”.
Meanwhile, Fawad Chaudhry warned that the process of negotiations could not be prolonged. “You have to take a decision within two to three days, otherwise elections will be held as per the Constitution,” he said.
It is to be noted here that the court had ordered the political parties to hold consultations for consensus on same-day elections. The court had also ordered the government to release Rs21 billion by April 27 for elections in Punjab.
Before Eid holidays, the CJP had declared that the Supreme Court would not alter the May 14 election date, urging all the political parties to hold consultations on same-day elections and inform the court about it.
The court had directed the ruling coalition and the PTI to sit together and develop a consensus on elections by 4pm that day, but at the same time asserted that it would not go back on its order fixing May 14 as the date for elections to the Punjab Assembly.
“It has no objection to the negotiation process and holding elections on the same day across the country is a legal and constitutional question,” stated the written order. NNI
