As both the Supreme Court of Pakistan and the Federal Government are at loggerheads over the timing of holding elections for the Punjab Assembly with no flexibility in sight in their prevailing approaches to handle the delicate situation, things might go the wrong way if the dialogue option, as advocated by some saner voices, is not given a chance. Given internal divisions within the apex court and the united stand adopted by Parliament over timing of the elections coupled with moves aimed at rejection of, what parliamentarians believe, judicial interventions into the domains of Parliament, the Executive and the Election Commission of Pakistan (ECP), the issues involved are unlikely to be sorted out easily and as expeditiously as is being wished by the two sides.
Speaker National Assembly Raja Pervaiz Ashraf, in an interview, has made very pertinent observations, which need not be ignored either by politicians or judges. He emphasized that political matters should never be taken to the court as it harms not only politics but also weakens the Judiciary, adding division in politics is necessary, but division in the Supreme Court is dangerous. He also rightly warned that the domain of the Supreme Court remains open to intrusion if it enters that of Parliament. His advice requires urgent attention as things are speedily moving in the wrong direction as is evident from the latest move of the PTI which has asked President Dr Arif Alvi to refer the issue of expiring terms of the caretaker governments to the Supreme Court of Pakistan, which in its advisory jurisdiction should ‘address this blatant unconstitutionality and appoint administrators.’ There is no provision of appointing ‘administrator’ in the Constitution and a far-fetched interpretation of the Constitution could add new aspects to the deepening crisis. In this backdrop, Amir Jamat-e-Islami (JI) deserves appreciation for taking practical steps towards resolution of the ongoing political and judicial conflict. He has announced plans to host an All Parties Conference (APC) after Eidul Fitr on the one point agenda of holding simultaneous elections in the country. He has already established contacts with Prime Minister Shehbaz Sharif and former Prime Minister and PTI Chairman Imran Khan and his party is contacting other parties as well for the purpose. PML(N) and PTI have also formed Committees to hold talks with the JI leadership to prepare ground for the proposed APC. The PML-N has asked Khawaja Saad Rafique and Sardar Ayaz Sadiq to move forward with negotiations with the JI in a bid to settle the matter of elections while PTI’s three-member Committee includes Pervez Khattak, Senator Ejaz Ahmed Chaudhry and Mian Mehmoodur Rashid. PPP too has formed a three-member body — comprising Senator Yousuf Raza Gillani, Federal Minister for Commerce Syed Naveed Qamar and PM’s Adviser on Kashmir and Gilgit-Baltistan Qamar Zaman Kaira — to persuade allies in the government to start the process with the Imran-led party. The JI has done well by proposing to host an APC as there were serious reservations within the ruling coalition on the issue of direct talks with the PTI. All stakeholders must take into account the reality that the constitutional deadline of holding elections within 90 days of dissolution of an Assembly has already passed and, therefore, it would not matter much if the date is delayed or brought forward by some weeks. There are legitimate demands about the level playing field for all political parties and candidates and hundred percent transparency of the electoral exercise. Though the APC will have a single point agenda of fixing an agreed date for a general election to both the National and all the four provincial assemblies, the Committees formed by the political parties should strive to evolve a mechanism to address each other’s apprehensions about the conduct of the elections. It is important to take tangible measures to ensure transparency of the polls, otherwise elections could lead to another wave of instability if these were held in a controversial manner either because of governmental actions or judicial interventions. As there is a ray of hope for an end to the political deadlock on the issue of elections, it would be in the fitness of things if the Supreme Court halts its proceedings until after the APC takes place. This will also help reduce tension among the three pillars of the State.
