Hope after dark SC poll order
IN his note, Justice Athar Minallah rejects using SC as political shopping strategy to get Punjab election date. It should stop politicizing of courts, help restore public trust in the judiciary and strengthen democracy. It is hope after dark SC poll order. The note upholds 4/3 judgment, he never left the bench, preserves right of appeal, dark 63A judgment, dissolution of provincial assemblies and SC suo motu jurisdiction. It includes Chief Justice and the Judges of the Court which merit immediate restoration.
Now political parties should hold dialogue for having general election. Imran has already said he is ready for elections in October. Time magazine has blamed Imran for Pakistan’s economic crisis. I have already explained in Imran’s failed recovery plan its fallouts in the West creating cost of living crisis, inflation, debt and trade based forever wars. Pakistan needs a new economic model for strong economy, equal relations and independent foreign policy.
Pakistan is a federation not a union like the UK so general elections should held simultaneously. Scotland changed its laws to bring its elections with general elections. The idea of provinces holding separate elections in Pakistan will set a permanent precedent. There is no system to replace newly elected government with interim setup required by the Constitution for holding free, fair elections so that other parties are ready to accept the results.
The elections based on old census will disenfranchise people in affected provinces and federating units. It will result in disparity in voters and funding in Punjab and KP with adverse fallout for the most vulnerable in terms of public services including education, healthcare and safety of other critical infrastructure. Imran should demand elections after digital census as per the agreement during PTI government with all other political parties.
The note shows that SC’s 3-member bench Punjab poll order was wrong from start, the dissolution of Punjab and KP assemblies and it validates justices who dissented and rescued. The constitution of six-member bench to nullify PMDC order after circular debacle makes irrelevant the bench’s Punjab election order and the suo motu legislation pending with the President. The note preserves SC powers of 184(3) as part of democratic system of check and balance.
The PMDC order gives procedure for self-accountability of judiciary. Independent judiciary is not accountable to government like civil bureaucracy. An individual judge alone can be proceeded against, by the Supreme Judicial Council if incapable of performing duties of his office by reason of physical or mental incapacity or when he/she may have been guilty of misconduct, but not the judiciary. The order allows constructive criticism of judiciary for collective good and sets aside Prohibition Order of PEMRA as hypocritical.
Legislation against SC suo motu powers validates my warning in SC Landmark Judgment to put the house in order. The timely SC PMDC order and the note will help protect independence of judiciary: Benches policy. First-in-first out court case policy. The case fixation process for fair, impartial and evident (justice done but seen also). As an internal matter, judiciary should eliminate corruption, observe merit and address out of turn promotions (the note). Government should make 120,000 more courts to end backlog.
After 18th Amendment, election date of provinces lies with Governors. The rewriting of Constitution should be undone because it is malafide act if president imposes dates of provincial elections through letters and Election Act 2017 while ignoring the Constitution and oath of [his] office. Clearly, the President has abused the office of the President to peddle party interest which merits strictest accountability to end this culture to uphold the Constitution.
Justice Ebrahim as EC told SC it was sole responsibility of ECP to hold free and fair election without influence of SC, government and individual. He said that it is duty of the EC to organize and conduct the elections and make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against (article 218 and 219). That is why there is no right of appeal for ECP.
PM and his cabinet are accountable 24/7 like the UK where PM presents government agenda at the start of parliamentary term not just election for accountability by courts, bureaucracy and media through 1). Prime minister question hour. 2). vote of no confidence. 3). No fixed term. 4). Ministerial code of conduct and 5). Office of Budget Regulations (UK/US). Under trichotomy of power, Pakistan’s politicians should do their job and let independent judiciary, bureaucracy and military do theirs.
With democratic accountability removed, politicians first drag judiciary into political issues. Then they blame judiciary for its judgments and after that they use them to take away its powers. And if they fail, they drag military into politics. Politicians are custodians of democracy. After PMDC order and note, now it is democratic duty of politicians to hold dialogue for having political consensus for having one general election date and manifestoes representing public aspirations and competing in 21st century.
