Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry observed on Wednesday that the government was not following the constitution, which could lead to another constitutional crisis.
Chaudhry was heading a three-member Supreme Court bench also comprising Justice Muhammad Sair Ali and Justice Ghulam Rabbani, which was hearing a petition filed by Pakistan Tehreek-e-Insaf Chairman Imran Khan against alleged bogus votes in voter lists used in the 2008 general elections, because of which “fake assemblies” were formed three years ago.
“Do you want to bring back the doctrine of necessity? You might have not taken any oaths but we have taken an oath to work under the provisions of the constitution and will not allow anyone to violate the constitution under any circumstances,” the chief justice told Attorney General Maulvi Anwarul Haq. Hamid Khan, counsel for the petitioner, submitted that under the 18th Amendment, only the chief election commissioner (CEC) was supposed to check the electoral rolls.
He stated that previously the CEC was appointed for three years but after the 18th Amendment, his term would be for five years. The chief justice stated that functions of the Election Commission were visible in various articles of the constitution. Hamid Khan stated that preparation of electoral rolls was the duty of the CEC after the 18th Amendment. “It’s impossible for us to support any unconstitutional activity. How are you conducting by-elections without a complete Election Commission? Is it not a violation of Article 218, 219 of the constitution?” the chief justice asked the attorney general.
He observed that neither the electoral rolls nor anything else was constitutional. “Your silence is enough to say that you agree with us and believe that the constitution is being violated,” Justice Muhammad Sair Ali added. To a court query, the attorney general said that three senators, nine MNAs, 11 MPAs and 6 people on the reserved seats were elected in by-elections after the 18th Amendment.
