The federal government on Wednesday sought more time to submit its reply to the Supreme Court in a case where the petitioner had sought reduction of expenditure during election campaign.
However, all political parties listed with the Election Commission have submitted their replies to the court.
A three-member SC bench headed by Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez heard the petition filed Abid Hasan Manto, seeking reduction of expenses in election.
Manto told the court that all the political parties had submitted their replies to the court but the federation of Pakistan had not submitted its reply in the case. Upon this, Attorney General Maulvi Anwarul Haq informed the court that the election commission has submitted its reply to the court. The chief justice said it was more important that the government filed its reply. “The commission has no powers to enforce the implementation of its orders; it can only give the order; implementation is the job of the government,” he asserted.
The chief justice said the court had issued a notice to the federation through the Law Division. “It is not necessary for the Law Division to present the federation in every case, you can present the federation in this case,” he told the attorney general. “We cannot consider the reply of election commission on behalf of the federation; the federal government should have filed its own reply,” said the chief justice.
The attorney general told the court that he would consult with the Law Division on the issue and then would be able to file the reply. Haq said he would file the application with the court to plead the case of federation. “I will plead the case of the federation therefore I need more time to file the reply,” the attorney general requested.
“The federal government should clear its position through its reply,” said the chief justice, adding that tomorrow the government would raise the objection if the court would not hear it.
Manto told the court that some political parties wanted to submit their suggestions on the matter. “Political parties have no objection on the reduction of election expenditure,” he added.
Manto presented a list of political parties with the court and said his petition was in national interest. “The Election Commission has no objection on my petition,” he told the court. He said according to the commission, 26 political parties were currently functioning in the country. “I have filed the petition with positive approach,” he said.
Upon this, the chief justice said it was important to revise the code of conduct for contesting the election. “The court will appreciate all political parties if they are agreed to revisit the code of conduct for the election,” he added.
Justice Khilji Arif Hussain said law was already there for the reduction of election expenditure but the enforcement of the law was the responsibility of the commission.
Senator Mushahid Hussain Syed of the PML-Q appeared before the court and said it was very important for strengthening of democracy in the country to reduce the election expenditure. Hussain pleaded that it should direct the election commission to stop the process of senate election via secret ballot. The chief justice also praised the role of PML-Q chief Chaudhry Shujaat Hussain who was also present in the courtroom, in politics. The court adjourned further hearing until April 9.
