Media will be at legitimate fault for disregarding the Constitution in the event that it raises issues about the decisions," comments CJP Isa
Friday, November 03, 2023
The consequences of violating the constitution are far-reaching: the supreme judge.
He says the election will definitely be held on February 8, God willing.
CJP says the courts have also become involved in unnecessary matters.
ISLAMABAD: The Supreme Court of Pakistan has said that the president's "unconstitutional dissolution" of the assembly after a no-confidence motion was moved against the director-general falls under the category of treason.
The Supreme Court made the observation while hearing several pleas seeking early elections within 90 days of the dissolution of the assembly. The case was heard by a three-judge bench headed by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa and comprising Justice Athar Minallah and Justice Amin-Ud-Din Khan.
Last April, President Dr. Arif Alvi dissolved the National Assembly on the advice of then Prime Minister Imran Khan under Article 58 of the Constitution.
According to a statement issued by the President's Secretariat on X, formerly known as Twitter: “The President of Pakistan, Dr. Arif Alvi, approved the advice of the Prime Minister of Pakistan to dissolve the National Assembly under Article 58 (1) read with Article 48(1) of the Constitution of the Islamic Republic of Pakistan”.
The development came soon after the then Deputy Speaker of the National Assembly Qasim Suri – who chaired today's session – rejected a motion of no confidence in Khan before the motion could be voted on in the House. Suri ended the "no-confidence motion" on the foreign conspiracy, noting that it was against Article 5 of the Constitution, which says loyalty to the state is the fundamental duty of every citizen.
After hearing arguments from all sides, CJP Isa in his order said, “The consequences of any violation of the Constitution are grave and far-reaching. We still feel its effects today."
Any violation of the Constitution, the order said, has grave implications not only for the people of Pakistan but also for the entire region. “Courts have also become involved in unnecessary matters.
Referring to former Prime Minister Khan's removal from office, the court emphasized the importance of the Constitution.
She said the prime minister had been removed by a vote of no confidence in the recent past. "The constitution clearly states that a majority of the members of the assembly can pass a motion of no confidence."
The order mentioned that there was a political crisis in the country after the no-confidence vote, after which the apex court took cognizance.
"The President dissolved the National Assembly after a motion of no confidence was passed, which was an unconstitutional act," the order said, stressing that the President cannot do so on the instructions of the Prime Minister.
"People cannot be kept away from elected representatives," the order said.
The court stated: “The unconstitutional dissolution of the assembly falls into the category of treason. Constitutional institutions can make important decisions only in the interest of the people."
She expressed the hope that all constitutional institutions would be far-sighted in the future.
The order mentioned that the president did not have the power to dissolve the assembly, but he did, failing to exercise his power to fix the date of the election.
The court said that the Election Commission of Pakistan (ECP) has also issued a notification for the date of the general elections, saying that no party has any objection to holding the elections on February 8.
During the proceedings, CJP Isa asked everyone in the courtroom as well as the Attorney General of Pakistan Mansoor Usman Awan if they had any objections to the election date, but they all replied in the negative.
“Once all the requirements are met, the Election Commission should announce the election schedule,” CJP Isa said.
The Chief Justice said, "The elections are definitely held on February 8, God willing."
After dictating the order, the chief justice said that the media would be guilty of violating the constitution if it raised doubts about the election.
“If a channel runs a ticker that questions the conduct of the election, then there will be action. The ECP will file a complaint with the regulator if any media house creates confusion regarding opinion polls,” said CJP Isa.
"If there is any doubt in anyone's mind, let it be, but do not influence the public," he ordered.
CJP Isa said he hoped the election would be peaceful without parties insulting their opponents and liquidating petitions.
The AGP had earlier told the court that the President had given the date after the meeting with CEC Raja and a notice was also issued in this regard.
“If everyone is happy, then we have no objection. The Election Commission and all parties have agreed,” the chief justice said, adding that all members unanimously agreed on the date but did not refer to any constitutional provision.
The chairman also inserted § 48, paragraph 5 and § 57, paragraph 1 of the Act on Elections into the order.
The Supreme Court mentioned that the ECP did not respond to the President's letter.
“Every institution including the ECP and the President is required to implement the constitution. Failure to comply with the Constitution has serious consequences,” the order said.
The court said the election issue should have been settled between the President and the ECP, which was unnecessarily brought before the Supreme Court.
"If the president needed advice, he could approach the Supreme Court under Article 187. Several motions were filed, so the court heard the case," it said.
The order said the apex court was fully aware of the constitutional constraints, but said the entire country was worried because no elections had been called.
The court said it did not interfere with the powers of constitutional institutions like the ECP or the President.
"Every constitutional institution must follow the constitution. No constitutional body has the power to deviate from the Constitution,” the order said, adding that the court was only acting as an intermediary between the president and the commission.
In its order, the Supreme Court also said that the President and the ECP must remain in their respective jurisdictions. "As the highest constitutional post, the responsibility of the President is greater," the court said, adding that no institution could claim ignorance of the Constitution.
The Chief Justice further asked the ECP counsel whether the election body had issued an election manifesto.
"The election program will be announced after the electoral districts are defined," the lawyer replied.
He added that the delimitation process will be completed on November 30, while the program will be published in the first week of December.
The date of election should be published so that people have updated information, the Chief Justice observed.
