ISLAMABAD, Feb 13: The acting Chief Justice of Pakistan, Justice Rana Bhagwandas, on Monday said that parliament under the Constitution had powers to delay the general election for a year.
“The 1973 Constitution has a provision which empowers the parliament to delay the general election for one year,” said the acting CJ in reply to a question about remarks by some politicians that the elections slated for 2007 could be delayed until 2008.
He said judiciary had nothing to do with the holding of polls, but explained that it could be delayed if parliament adopted a resolution with majority for the purpose. He said it was the responsibility of the government and the Election Commission to hold polls.
Justice Bhagwandas was talking to reporters after taking oath as acting chief justice of Pakistan. Justice Abdul Hameed Dogar, a judge of the apex court, administered the oath at a ceremony held at the Supreme Court Building.
Justice Bhagwandas will act as chief justice during the absence of Chief Justice Iftikhar Mohammad Chaudhry who has proceeded to Britain to attend a meeting of the UK-Pakistani Judicial Forum on ‘UK-Pakistan Protocol on Child and Family Matters.’
Answering a question, he said the Supreme Court in its decision on a constitutional petition had not restricted the incumbent president not to continue as president in uniform for a second term.
He said the process of dispensation of justice had been stepped up after Justice Iftikhar Chaudhry took oath as the chief justice. Earlier, he added, there were over 33,000 cases pending but the number had been reduced now to 18,000.
Justice Bhagwandas said the government should establish new jails as existing ones were overcrowded, and referred to a recent meeting of the Law and Justice Commission in which jail reforms had been agreed on to meet the criteria of fundamental human rights for prisoners.
He said provincial chief justices had been asked to ensure release of those prisoners on bail who were involved in minor offences. Jail superintendents have been directed to ensure compliance with the jail manual, he added.
