The Election Commission has given the date of general elections in the country on February 11.
In the Supreme Court headed by the Chief Justice of Pakistan, the case of conducting general elections in 90 days was heard, in this regard, Election Commission lawyer Sujeel Swati gave a statement in the court that the constituencies will be completed by November 30 and the elections should be held on February 11.
The Chief Justice asked whether the President of Pakistan is on board regarding the date of the elections was the president consulted about the election date?
The Chief Justice directed that the Election Commission should consult the President today.
The Chief Justice of Pakistan said that if the Election Commission consults the President today, he will hold a hearing. Does anyone have any objection to the Election Commission consulting the President?
On the inquiry of the Chief Justice, PTI lawyer Ali Zafar said that only the date of the elections should be written on the stone, while PP lawyer Farooq Naik said that there is no objection to the consultation.
On this, the Chief Justice said that today we have brought together PTI and PPP, tomorrow the headlines would not have been made that PTI and PPP have united.
Report of the Hearing:
Earlier, during the hearing, Chief Justice of Pakistan Qazi Faiz Isa, talking to PTI’s lawyer, Barrister Ali Zafar, said that the President violated the Constitution by not announcing the date of the election.
Tehreek-e-Insaf’s lawyer Ali Zafar gave arguments and said that PTI has limited its request to holding elections in 90 days. The request for elections in a day became ineffective, it was said at the previous hearing that elections are not possible in 90 days.
Barrister Ali Zafar said that PTI only wants elections, fundamental rights are connected with the election case, if there are no elections, there will be no parliament and no law will be made. The matter of giving date is mentioned in the constitution, the President wrote a letter for consultation with the Election Commission, on which the Chief Justice said, the President wrote in the letter that the court should look into the matter of the elections, is the President saying that the Supreme Court should look into the matter of the elections. Take notice of the matter?
The PTI lawyer said that the president wrote in the letter that the court can also review, on which Justice Qazi Faiz Isa said that the president did not give any date for the elections in the letter, did the president fulfill his constitutional responsibility?
Barrister Ali Zafar said that the President fulfilled his responsibility by consulting on the elections. Justice Athar Manullah said that the assemblies were dissolved on August 9, so why did the President write a letter to the Election Commission on September 2? Asked to give a date?
Lawyer Ali Zafar said that the Election Commission told the President that it is not your authority to give the date, it is ours. The Chief Justice said, “Can you see the letter in which the President gave the date?”
Justice Athar Manullah said that the President should order the date and the government should notify it, while the Chief Justice asked where is the letter in which the President gave the date?
President’s Letter on Election date is Vague: PTI Lawyer
PTI lawyer Ali Zafar read out the President’s letter, on which Chief Justice Qazi Faiz Isa said that the Assembly was dissolved on August 9.
The Chief Justice remarked that the election is an important matter, but should the person who did not give the date be given contempt of court notice? Your arguments are that if the president did not give the date, take action, you are representing the same political party whose leader the president called his leader, talk to your leader on the phone and announce the date of the elections to the president.
PTI’s lawyer said that the letter from the President regarding the date of elections is vague, on which the Chief Justice remarked that are you saying that the President has not fulfilled the constitutional obligation by not giving the date? Does the Supreme Court have the authority to give the date of elections under the Constitution? If the date is to be given by the president, should the court instruct him? If the President does not announce the date, should we take contempt of court proceedings against him?
Justice Qazi Faiz Isa said, Ali Zafar, you are saying that the President is guilty of violating the Constitution, while Justice Athar Minullah said that you are saying that the Election Commission and the President are bound to give the date of the election. That the constitution is being violated every day.
The Chief Justice remarked that the Election Commission says that it is its authority to give the date of elections under Section 57 of the Election Act. Have you challenged the amendment of Section 57 of the Election Act? The President has to give the date and the Election Commission has to notify it, whatever the Election Commission says, Ali Zafar you say that the President should give the date.
Lawyer Ali Zafar said that giving the date is the constitutional responsibility of the President and the Election Commission, upon which Justice Aminuddin asked if the Election Commission had not come for consultation, then the President would have announced the date.
The Chief Justice of Pakistan asked whether the President had replied to the Election Commission’s letter of August 24.
PTI’s lawyer said that it would be better to see the President not as an individual but as the President of the State, to which the Chief Justice said that the President is not an individual but an institution.
Ali Zafar said that according to the President, the date of elections was November 7. The Chief Justice inquired whether the President gave the date of the elections.
Justice Atharmanullah said the constitution is clear that the date was to be given to the president.
It will be a violation of the constitution.
The Chief Justice said that the President knew all the procedures, the President has immunity under Article 248, but tell me when did he give the date? The President’s calculation was correct that the 89th day after the dissolution of the Assembly is November 6. The President himself violated the Constitution by not giving the date.
Tehreek-e-Insaaf’s lawyer Ali Zafar said that now everyone is violating the constitution, to which the Chief Justice said, “Not everyone, you say that only the president is violating the constitution.”
Ali Zafar said that the Ministry of Law gave an opinion that the President cannot give a date, if 90 days are counted, the elections will be held on November 7.
The Chief Justice of Pakistan said to PTI’s lawyer, “If the President has not said anything to us, then why are you reading the letter in front of us?” The text of the President’s letter is also quite vague.