Courts can’t force ‘dialogue’ between political parties, recedes CJP

ISLAMABAD, (MANEND NEWS): Chief Justice of Pakistan Umar Ata Bandial on Thursday said that courts can not force political parties to hold negotiations, stressing that the apex court merely sought adherence to the Constitution and an end to the impasse over the delay of elections.

“We are not pushing anyone but only finding out a way for the enforcement of the Constitution,” the CJP said.

With continuing uncertainty over Punjab Assembly’s future in spite of Supreme Court orders declaring elections to be held on May 14, the three-member bench led by CJ Bandial resumed hearing of the case.

Attorney General of Pakistan Mansoor Awan told the court that the Chairman Senate Sadiq Sanjrani would form a committee comprising members from both sides of the aisle to evolve a consensus to hold elections of national and provincial assemblies on one date.

The three-judge bench suggested the political parties evolve consensus on one date for elections in the national interest, respect of the Constitution, and welfare of the people. “Otherwise,” the court feard, “things would stay the same”.

Pakistan Tehreek-e-Insaf’s lawyer, Ali Zafar, urged the court to mandate a time limit for holding negotiations for political consensus.

However, the chief justice said that they are not giving a deadline to the proposed committee.

PTI leader Shah Mahmood Qureshi, however, told the bench that the government was not serious in dialogue as no one contacted him since the last hearing.

He nonetheless admitted that the Chairman Senate Sadiq Sanjrani had called him on the insistence of Prime Minister Shehbaz Sharif. Qureshi also told the court that Sanjrani had sought five names from him for the proposed committee.

But, the PTI leader maintained, he had reservations about the formation of a committee comprising senators. Upon this, the AGP said that the formation of the committee could be reviewed.

AG Awan also assured the court that the government will “try to get both sides of the committee to hold their first meeting today”.

Meanwhile, PTI leader Fawad Chaudhry said that “even if political parties agree on a matter, they cannot change the Constitution” stressing that “only the Constitution is supreme, not the court nor the parliament”.

Soon after hearing the arguments from both sides, the court completed the proceedings for the day.

“A written order will be issued for this case,” the CJ said adding that “the court will issue appropriate orders”.

Adopting a carrot and stick policy in the previous hearing, the SC had asked all political parties to evolve a consensus on the date for holding simultaneous general elections of the National Assembly and the four provincial assemblies expeditiously; otherwise, the court had noted, its order regarding the Punjab Assembly elections on May 14 would come into force.

The three-member bench had sought a progress report on April 27, as the court was informed that the political leaders were set to meet on April 26 — just a day before the deadline expired — to deliberate on the matter.

At a time when the country was going through a political and legal impasse, the political parties had not shown any urgency and sought a recess on account of Eidul Fitr holidays on the last date of the hearing, which was granted by the apex court.

Yesterday, addressing separate huddles of the parties in the ruling coalition, PML-N parliamentary party and cabinet, PM Shehbaz Sharif on Wednesday said elections were an issue that needed to be decided in parliament and the appropriate time to conduct them was either in October or November.

Furthermore, the PML-N has thrown the ball in JUI-F’s court regarding negotiations with the PTI, saying talks would be held at the parliament level and that they would be initiated after a decision by Maulana Fazl’s party.

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