The superior judiciary and the chief election commissioner came under fire during the Senate session on Monday when Pakistan People’s Party (PPP) stalwarts Aitzaz Ahsan and Raza Rabbani unleashed a salvo against the chief justice of Pakistan, alleging that the court had acted “out of its course of duty” while ordering to reschedule the presidential elections.
The PPP and its allies are in majority in the Senate as compared to lawmakers of the ruling PML-N and its allies.
PPP loyalist and Senate Deputy Chairman Sabir Ali Baloch defied his own party men by toeing the treasury line and hastened to prorogue the session amid uproar and sloganeering from the opposition benches asking for an opportunity to debate the court’s verdict.
Speaking on a point of order, Aitzaz, the leader of the opposition, questioned the SC verdict that ordered holding of the election on July 30 instead of August 6.
The short but comprehensive speech by Aitzaz was decorated with legal arguments, quotations and verses from Urdu literature.
He alleged that the leader of the House, Raja Zafarul Haq had filed a petition with the court under Article 184/3 of the constitution seeking rescheduling of the presidential election.
He said no fundamental right of the public had been breached due to the schedule issued by the Election Commission of Pakistan (ECP) but the court not only admitted the petition but also gave a verdict the same day without listening to the opposition parties. Aitzaz said the court could not fix the date and time for the presidential election, which, under the constitution, was the prerogative of the ECP.
Citing various provisions from the constitution to support his claim, the PPP leader contended that the ECP had abdicated its authority and the court had acted beyond its course of duty.
Leader of the House in the Senate Haq said it seemed that it was the chair that had abdicated its powers and the decisions agreed upon by the treasury and the opposition during the business advisory committee were being violated.
He pointed out that it was agreed that two speakers from each side would speak on the matter, adding that if the decisions of the business advisory committee were not accepted by the members, there was no need to hold such meetings.
The Senate deputy chairman agreed with Haq’s observations and reminded Aitzaz and Rabbani to keep their word.
Rabbani also strongly condemned the court verdict, saying the unilateral election schedule change was a breach of the powers of the ECP.
He said the ECP had been made an independent institution following the enactment of the 18th and the 20th amendments. “It is the privilege of the ECP to announce or change the schedule of the elections and no one else’s,” he said.
Rabbani said only two days had been given for campaigning, adding that how was it possible for a candidate to go to Lahore, Quetta, Peshawar and Karachi for campaigning in just two days.
“Moreover, the provinces have also been denied the right to hear the point of view of the candidates of the coveted post. The provinces have been denied their fundamental rights.”
He said the SC had handed over a one-sided decision without hearing the other party.
Rabbani urged the House to take notice of the situation as it represented four federating units, which had been denied their fundamental right to choose their representative.
Zahid Khan of the ANP said the symbol of the federation had been made controversial.
Farhatullah Babar said a nexus had been developed between various institutions against the PPP. The SC had handed over the schedule change judgement without hearing the candidates.
The leader of the House said the conduct of the judges must not be condemned.
Taking part in the debate, Senator Saeed Ghani of the PPP said the ECP had no idea how to hold presidential elections and the decision of holding the poll was made in haste. He said the chief election commissioner should take the nation into confidence on breach of the ECP’s authority.
Syed Zafar Ali Shah of the PML-N said the previous government of the PPP had facilitated the election of a military dictator in uniform and the former chief justice, Abdul Hameed Dogar had authenticated the election.
He urged the PPP leaders to move the Supreme Court for a review of the court order about July 30 presidential election if they were not satisfied with the decision.
Terming the boycott of the presidential election a bid to derail the democratic process in the country, Shah said the PPP was a pro-democratic party and it should uphold those democratic traditions and values.
Senator Shahi Syed of the ANP urged both the opposition and the treasury benches to move cautiously as the recent disagreement and discord between both sides could be a ploy against the democratic process.
Many members wanted to take part in the debate but the chair decided to follow the decisions of the business advisory committee and prorogued the session.
