KARACHI: After numerous hearings and two recusals, the Supreme Court announced its verdict in the Punjab elections case.
Most legal experts and analysts are unified in their view that Tuesday’s verdict was in line with the Constitution, but their opinion is followed by a caveat: another constitutional crisis might be in the offing.
Barrister Rida Hosain said that against all the odds, the Constitution prevailed in Pakistan today, according to Dawn.com.
“A simple but crucial constitutional command has been unequivocally enforced. The order of the ECP altering the date of the elections to Oct 8 has been declared unconstitutional and without lawful authority by the SC,” she noted.
Lawyer Mirza Moiz Baig told DawnNews that the court’s order that elections were to be held within 90 days after the dissolution of an assembly was “uncontroversial and there was, perhaps, never any doubt in this respect”.
Similar views were echoed by lawyer Saalar Khan who commented that the SC’s decision was the “correct ultimate outcome”.
Lawyer Abdul Moiz Jaferii told Dawn.com that by declaring the ECP decision to delay polls till October illegal, the SC has “solved only the lesser of the crises it was involved in”.
Barrister Asad Rahim told Dawn.com that despite extraordinary pressure, the SC had done its duty to the law and Constitution and singlehandedly kept democracy alive.
Lawyer Muhammad Ahmad Pansota hailed the decision as “historic” and said Chief Justice of Pakistan Umar Ata Bandial “has chosen to live as one of the greatest chief justices of this country”.
Speaking to the Wion news channel, he said the only possible “problematic situation” that could arise would be a “backlash” from the government’s side that would have to be tackled, Mr Pansota added.
Precursor of another crisis
While lawyers hailed the legality of the verdict, they questioned the procedure that led to the verdict and expressed apprehension that this will put the executive and the judiciary in a renewed confrontation.
Mr Jaferii said the “greater crisis is of the court’s own making, and the CJP’s failure to build consensus amongst his colleagues leaves it unresolved,” according to Dawn.com
“It is this failure to form a full court and exhibit a united front that has allowed for the government to issue the threats it has subtly conveyed over the weekend.”
He added on Twitter, “Constitutional crisis here we come, right back where we started from.”
The director of Pakistan Initiative at Atlantic Council’s South Asia Centre, Uzair Younus, said the apex court stood by the Constitution on April 22 and 23 verdicts. “But anyone who thought it was the end of things back then was mistaken.”
Mr Baig said the exclusion of those judges whose viewpoint was different from the chief justice also raised several questions.
Published in Dawn, April 5rd, 2023
