ISLAMABAD
The Supreme Court (SC) on Friday reserved judgement on the appeal pleas against the Sindh High Court (SHC) decision about delimitation of constituencies.
A three-member bench of the SC led by Chief Justice of Pakistan Tassaduq Hussain Jillani took up the case for hearing.
The CJP said, “How the elections will be held in transparent manner if the people have no trust on delimitation of constituencies. Court has authority to interfere if any institution oversteps its powers. If Election Commission (EC) is paralysed due to local bodies system then what should we do? If there are flaws in local bodies system then what should court do?”
Justice Azmat Saeed asked, “How can the provincial government be permitted for carrying out delimitation of constituencies on its own. The country was dismembered while protecting one clause. Is it not that local bodies’ election match is a fixed match.”
The CJP said, “The court’s job is to interpret the constitution and the powers enshrined therein. If the powers are not exercised in correct manner then the court is mandated constitutionally to interfere in it. How can the elections be transparent if the institution which carries out delimitation of constituencies is partial?”
Punjab AG Mustafa Ramday told the court he had obtained directives from the government. The government would legislate in line with the court’s guidelines.
While praising the government assurances, the court directed the AG to file this assurance in writing.
Attorney General (AG) Salman Butt said the powers for delimitation of constituencies in local bodies election rested with the provincial government.
Amicus curiae Khawaja Harris said the Election Commission of Pakistan could conduct electoral process under its constitutional mandate where the law was silent.
Farooq H Naek presented copy of Charter of Democracy in the court.
Naek said giving autonomy to the provinces was motive of 18th Amendment. Therefore, Article 140-A was incorporated in the constitution and powers were delegated to the provinces to provide local bodies system, he added.
The CJP said, “Constitution is a live document and its interpretation falls in mandate of court.”
Justice Azmat said transparent elections were possible only if the process of delimitation was transparent.
Later, Azhar Siddique, who had filed petition against the Lahore High Court (LHC) decision, appeared in the court.
The court while issuing notices to the parties concerned adjourned the hearing of the case until March 3.