ISLAMABAD: The Supreme Court warned the government on Tuesday that its Nov 24 administrative order relating to the appointment of a permanent chief election commissioner was still intact and said the Dec 5 deadline must be honoured at all cost.

The Nov 24 order had cautioned the government that the court might consider initiating contempt proceedings against Prime Minister Nawaz Sharif and Leader of the Opposition in the National Assembly Khursheed Ahmed Shah, the two constitutional consultees for CEC’s appointment, if the office was not filled by the deadline given by the court.

The withdrawal on Dec 5 of Justice Anwar Zaheer Jamali of the apex court, who is working as acting CEC, was also part of the court’s administrative order.

On Tuesday, a clueless Attorney General Salman Aslam Butt again informed the court that the prime minister and the leader of opposition had held a meeting on the issue and they were very close to a consensus. He sought another extension in the deadline to Dec 5.

But the court was not amused and said it was postponing the proceedings to Monday (Dec 8) but the Dec 5 deadline should be met.

“The adjournment should not be taken as a grant of more time,” the court said, adding that on Monday it would consider taking further action against the prime minister and the leader of opposition it they failed to meet their legal obligation.

“You must be aware of the consequences,” the court warned, pointing to the attorney general.

Soon after a telephonic conversation with the leader of opposition on Tuesday on the issue of CEC appointment, the prime minister left for the UK on a four-day official visit.

ELECTORAL REFORMS: A separate two-judge bench of the court headed by Justice Mian Saqib Nisar sought in a fortnight comprehensive reports from the Election Commission and the government on two petitions over non-implementation of the court’s June 8, 2012, ruling about introduction of electoral reforms in last year’s general elections.

The petitions were filed by the Pakistan Tehreek-i-Insaf (PTI) and Workers Party Pakistan (WPP).

During the proceedings, the court asked Bilal Hassan Minto, representing the WPP, if he wanted the court to declare the 2013 elections as void because of non-implementation of the judgment.

The counsel said he simply wanted implementation of the verdict for future.

The court indicated that it would initiate contempt proceedings against those who had failed to comply with the verdict about introduction of electoral reforms and would also determine why the judgment was not implemented.

“The country’s foundation lies on the strengthening of democratic norms which in turn is depended upon transparent elections,” the court observed. Non-transparent elections always damaged security of the country as well as independence of institutions, it said, adding that holding fair election was the most important aspect in the life of the country.

Munir Paracha, representing the ECP, informed the court that a 32-member parliamentary committee on electoral reforms was working on new initiatives for elections and the commission was waiting for its recommendations.

Hamid Khan, the counsel for the PTI, informed the court that he had submitted an application seeking initiation of contempt proceedings because the commission had flouted court’s judgment.

The PTI is also seeking verification of thumb impressions of voters in NA-110, NA-122, NA-125 and NA-154 constituencies.

The case was adjourned to the second week of January.

Published in Dawn December 3rd , 2014

Opinion

Rule by law

Rule by law

‘The rule of law’ is being weaponised, taking on whatever meaning that fits the political objectives of those invoking it.

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