Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has remarked rule of law is in place in the country and no one will be allowed to defy the law.
He further remarked “ every province is giving the date of its own choice for holding Local Bodies (LB) elections. Punjab does not even want elections to be held. Provinces are inviting woes by not holding LB polls. If the government, which has come into being under the constitution don’t want to implement the constitution, then who will implement it.
He gave these remarks while presiding over a 3-member bench of Supreme Court (SC) during the course of hearing of Local Bodies (LB) polls case Thursday.
At the inception of hearing, provincial governments filed their respective replies. Provincial governments of Khyber Pakhtunkhwa (KPK) Punjab and Balochistan gave date of December, 7 for holding LB elections. The court rejected this date.
The CJP remarked “ the polls be held after Moharram. Sindh government is ahead of all other provinces for holding LB elections while every province is giving date of its own choice. Punjab does not want that elections are held.
Punjab, KPK and Balochistan sought more time for holding the elections. Additional Advocate General (AAG) KPK told the court situation in KPK is deteriorated. Bomb blast took place in previous days and its repercussions are echoing still. December, 7 is a better date and LB polls will be held on this date.
Punjab government said it is ready to hold elections on December, 7. Balochistan government said earth quake has devastated the area therefore, it will not be proper to hold polls at present.
CJP remarked “if the earthquake is chastisement of Almighty Allah then blessings of God can shower any time too. On one side there are provinces which are giving the same date through connivance and on the other side there is election commission which is all set to hold elections at any time.
Justice Jawwad S Khawaja remarked “ the provincial governments should tell who is creating hurdle on the way to hold elections. Name be given and the court will see the remaining matters.
CJP remarked “ if the governments which have come into existence don’t want to implement constitution then who will get implement it. Every one is giving the date of its own choice. Those who are not implementing the constitution should become ready to face the consequences. KPK had promised to hold the polls within 100 days. Now 101 days have been elapsed but the pledge has not been delivered.
Justice Jawwad S Khawaja remarked “ All go to remember the constitution when they have to contest the election. If they have not to hold elections then they should inform us and then we restore the old system.
CJP further remarked “ the provinces are inviting problems by not holding polls. No other way except law and constitution is acceptable. People have to rely on the courts for the sake of implementation of the constitution. Political parties bag votes in the name of constitution and form the governments. But no one wants to implement the constitution after formation of government. We can not overlook the matters unless law and constitution is implemented.
CJP said to the representative of federation that he should consult the government and inform the court what the government wants. If the polls have to be held in time or it wants the restoration of old system. The court be informed about it after the interval.
Additional Attorney General (AAG) Shah Kahwar appeared in the court after interval and told that a definite date can not be given with regard to LB polls. However any nearest date can be given.
Justice Azmat Saeed Sheikh remarked “ court be informed if they really want to hold elections or otherwise as it was they who had given the date earlier but they did not hold polls on this date.
Sindh government told the court that it was ready to hold polls on November, 27 .
The court directed that federal government should file its reply till October, 2.
The hearing of the case was adjourned till October, 2.