ISLAMABAD : Supreme Court (SC) directed federal government to
formulate the Election Commission (EC) immediately.
A three-member bench of the S C, headed by Chief Justice of Pakistan Justice
Iftikhar Muhammad Chaudhry and comprising Justice Muhammad Sair Ali and Justice
Ghulam Rabbabni resumed the hearing of a petition filed by Mubashar Luqman,
against incomplete Election Commission of Pakistan (ECP) under article 184 (3)
of the constitution.
Chief Justice Iftikhar Muhammad Chaudhry has remarked that if state
department is incomplete and inactive then its decisions have no legal position.
He said that if government wanted to run the system smoothly then it should
act according to law and constitution, adding that democratic government should
not searched shelters here and there. CJ said that judiciary and executive
should seek shelter under the constitution, which is necessary for better future
of the country, adding that judiciary is the guardian of the constitution and
government is not following the constitution.
During the course of hearing Attorney General Maulvi Anwarul Haq appeared
before the court.
CJ said that formulation of EC was the job of government but common citizens
comes in the court for it and establishment of independent Election Commission
is the legal condition. He said that according to constitution incomplete
department is the violation of basic human rights.
CJ said to Attorney General that government should decide that they want to
run the system or not? He further said to the AG that why he is not advising the
government to act according to law, adding that does government do not wanted to
set examples for other governments.
He said that what would be the status of elections when authoritative
department itself is in incomplete, adding that the situation is very tough
today but government does not understand its responsibility and avoiding the
constitution to implement.
He said that if body is not working according to constitution then how
salaries are given to employees, adding that democratic government should work
within the legal limits.
CJ said that every clause of the laws should be strictly followed otherwise
other powers can gain benefit from it. He said that in the history whenever
constitution is ignored it produced horrible results. If someone took oath under
the law then results for ignoring the law should be in his/her knowledge, he
added.
Chief justice said that democratic government is working according to
constitution in the country and establishment of independent EC is necessary for
the free and fair elections.
Justice Sair Ali said that government is not working under the article 218 of
the constitution, adding that we do not want to issue tough notices but we could
not sit silently.
Applicant told the Court that Election Commission is not working according to
constitution and EC was established under the amendment of article 213 of
constitution. He said that when EC is not established then how list of fake and
fair votes can be prepared.
Later the apex court disposed of the case. SANA
Later the apex court disposed of the case. SANA
