Chief Justice of Pakistan Umar Ata Bandial on Wednesday remarked that the government’s move to reject its own demand through the National Assembly for provision of funds as supplementary grant to the ECP for polls in Punjab and Khyber Pakhtunkhwa could yield “unusual outcomes”. 

A three-member bench, headed by the CJP and comprising Justice Munib Akhtar and Justice Ijazul Ahsan, heard a petition filed by the Ministry of Defence seeking elections for the national and provincial assemblies on the same day.

The top judge remarked that the rejection of grant was against the existence of the assembly, adding: “I hope the government will review its decision”. He remarked that this matter could cause unusual outcomes but the court did not want to jump to consequences. 

The hearing began with recitation from the Holy Quran followed by a prayer by the top judge in which he sought Allah’s help in making correct decisions. 

The chief justice remarked the matter related to elections continued to linger on and questioned, “If the government has given its executive job to parliament or not”. He later directed Attorney General for Pakistan Mansoor Usman Awan to read the report submitted by the Ministry of Finance on funds for elections.

The court was informed that an approval was sought from the government for supplementary grant but it was sent to parliament on the contrary. 

The AGP said the standing committee on finance had issued directives to the government in this regard. To which, Justice Akhtar observed that the government held majority in the committee and how it could stop the release of grant. He remarked that the prime minister should hold majority in the assembly, adding that it was also a must for the government in financial matters.

“When the Constitution authorises the government to release funds, how can the National Assembly approve the resolution,” he asked. “Did the government ever fail to get approval for the supplementary government?” he asked. 

Justice Akhtar said the finance ministry team repeatedly informed the government about rules for the approval for the supplementary grant as it had also cited the Article 84 of the Constitution. “Do you know the consequences of rejecting of the supplementary budget?” he added. 

The AGP said the authority for approval of grant was with parliament, adding that the assembly had given its opinion by adopting a resolution.

At one point, the chief justice said the Election Commission of Pakistan (ECP) had expressed its inability to conduct elections before October this year, adding that the ECP had also pitched the idea of holding polls across the country simultaneously. He remarked that Pakistan had been facing terrorism since 1992 but elections had been held in preceding years.

He said the situation was much disturbed in 2008 due to assassination of former premier Benazir Bhutto in 2007, adding that there was also terrorism in 2013 when the polls were conducted.

“What kind of threat is there that elections cannot be held,” the top judge asked and remarked: “If anyone can give guarantee that situation will be calm in October for elections”.

Justice Ijazul Ahsan also remarked that elections were held in Britain during war. 

Referring to the ministry’s petition, CJP Bandial said it had made a weird request of holding elections on same day. He remarked that the petition was inadmissible. 

At one point, the attorney general said the government was making attempts to kickstart political dialogue in the country. He said all coalition parties, except one, had thrown their weight behind the talks, adding that Foreign Minister Bilawal Bhutto-Zardari would meet JUI-F chief Maulana Fazlur Rehman today to pursue him for talks.

He said the government and the PTI had formed committees to make ground for dialogue. The issue, he said, could be resolved if the court grant more time.

At which, the CJP endorsed the AGP’s statement and remarked that there was some movement in political system. 

“The court can create some space if political parties agree on a point,” the top judge remarked, adding that May 14 – the date announced by the court for elections in Punjab – was approaching. He remarked it was the first time the government had come up with something positive. The top judge later issued notices to all political parties and adjourned the hearing till tomorrow (April 20)  

Defence Ministry’s Plea

In the plea, the defence ministry has requested the top court to recall its April 4 order that had fixed May 14 as the date for elections in Punjab. 

The plea stated that “…the instant application may be granted, the order dated 04-04-2023 passed in C.P. No. 5/2023 may kindly be recalled with the directions that the general elections to the National and all Provincial Assemblies be held together, upon completion of the term of the National and the other two Provincial Assemblies i.e. of Sindh and Balochistan.”