The Supreme Court on Monday directed Attorney General Maulvi Anwaarul Haq to submit before it today (Tuesday) the government’s stance over a plea seeking limited expenditures by political parties during general elections.
A three-member bench consisting of CJP Iftikhar Chaudhry, Justice Khilji Hussain and Justice Tariq Pervez was hearing a petition, filed by the Workers Party seeking limited expenditures by political parties during elections. Petitioner Abid Hassan Minto stressed the court to exercise its jurisdiction under Article 184(3) of the constitution and hold that there must be laws that should set the norms for elections and fixation of expenditures over the election. He contended that in our country, it was never seriously felt to promote democratic culture, adding that during general elections individuals having more resources and wealth can manipulate elections. Minto argued that in order to promote democratic culture and ensure equal opportunities to the masses for contesting elections, the culture of limited expenditures by political parties during general elections must be promoted.
He contended that there must be laws envisaging norms and mechanics for elections so that everybody could avail the right to contest election. Justice Tariq Parvez observed that the culture cannot be made either by the court or law. The CJP said that they cannot direct parliament to make legislation, adding that parliamentarians should make efforts for proper legislation in this regard. The CJP said that making legislation is not a difficult task, adding that after the successful passage of 18th, 19th and 20th amendments, laws could be made too in this regard. He said even the election commission does not obey the orders of the Supreme Court, adding that the court forced the commission to do its job. Justice Tariq Parvez said that 50 percent political parties in their replies endorsed the idea of making proper legislation for limiting the expenditures during the general elections.
He further said that this is the job of Election Commission to render its responsibility under Article 218 of the constitution. Justice Khilji Hussain told Minto that don’t put the responsibility on the shoulders of 17 persons (SC judges) as it’s the job of the parliamentarians. Minto contended that when the court orders the Election Commission of Pakistan to complete electoral list, then why it can’t ask for it as well. Justice Tariq Parvez however observed that a statement would come that the court is working against the Election Commission. “What you have done was quite right”, Minto replied.
Minto argued that in the UK, though there is no written constitution but there is no problem there of any such kind of culture. Citing example of India, Minto contended that a democratic process is prevailed upon there for the last 60 years but there was no any break of it democratic process.
