General elections to be held on Feb 11, 2024: ECP informs SC

Islamabad: The Supreme Court of Pakistan issued a directive on Thursday, instructing the Election Commission of Pakistan (ECP) to promptly set a date for the forthcoming general elections in the country.

Chief Justice of Pakistan Qazi Faez Isa directed the ECP to consult the president and promptly announce the election date.

The top judge also asked the attorney general to facilitate a meeting between the ECP team and the president. The CJP  emphasized that the chosen date would be binding for all stakeholders and adjourned the case until the following day, which is Friday.

During the proceedings on Thursday, the Election Commission of Pakistan (ECP) disclosed that the general elections in the country would be conducted on February 11, 2024. This assurance was provided by the ECP's legal counsel during the hearing of a case related to conducting general elections within a 90-day timeframe.

A three-member bench, led by Chief Justice Qazi Faez Isa and comprising of Justice Aminuddin Khan and Justice Athar Minallah, presided over the case. The Supreme Court Bar Association, the Pakistan Tehreek-e-Insaf (PTI), and other parties had submitted applications challenging the Council of Common Interests (CCI) decision and the delay in general elections beyond 90 days.

The hearing involved appearances by ECP officials, the attorney general, PTI counsel Ali Zafar, and PPP's Farooq H. Naek. During the proceedings, Barrister Zafar argued for the holding of general elections within the stipulated 90 days, emphasizing the importance of safeguarding basic human rights.

Chief Justice Isa expressed his belief that no one should oppose holding elections. The PTI lawyer also contended that Article 58 should be considered alongside Article 224, as the announcement of the election date and the election schedule are distinct aspects.

The CJP inquired whether the president needed to consult the prime minister for setting an election date, to which Barrister Zafar replied that it wasn't mandatory for the president to do so; the president was obligated to announce the date.

Justice Minallah asked whether the president had indeed specified an election date. Barrister Zafar stated that, in his view, the president had provided a date, but the ECP rejected it, asserting that the president lacked the authority to announce a date.

Chief Justice Isa asked Barrister Zafar to produce the letter written by the president, and it was subsequently read out in the court. Barrister Zafar also noted that the law ministry supported the notion that the president lacked the authority to specify an election date.

Justice Minallah raised questions about the president's delay in reaching out to the ECP, and the CJP questioned why the president had not engaged with the Supreme Court. The CJP pointed out that the constitution clearly mandated the president to provide a date within the prescribed timeframe.

Justice Minallah added that had the president announced the date when the assembly was dissolved, there would likely have been no objections. The CJP emphasized the involvement of the state machinery in organizing general elections and asked whether the Supreme Court could unilaterally set an election date.

Justice Minallah questioned whether the ECP had ever requested the president to announce an election date, and Barrister Zafar admitted that they had to resort to legal action to secure a date.

The CJP inquired whether the Supreme Court had the authority to set an election date without involving the president. The PTI lawyer acknowledged the Supreme Court's intervention and pointed out that the circumstances were unique.

The CJP stressed the importance of holding elections on time and questioned Barrister Zafar about his party's leader's role in prompting the president to provide a date.

Justice Amin-ud-Din Khan indicated that it appeared from the arguments that the president had deviated from the constitution, and Justice Minallah noted that all parties, including the government, the ECP, and the president, shared responsibility for the election delay.

The CJP remarked on the accuracy of the president's day count until elections and questioned why he did not specify a date, considering Article 248. He also mentioned that the ECP believed it was their prerogative to set the election date under Article 57.

The CJP inquired whether, if their order was violated, they could issue a contempt of court notice to the president. The president's potential exemption under Article 248 was also discussed.

Justice Minallah noted that there would be consequences for disobeying the order, and the CJP raised the possibility of trying the president under Article 6 based on the arguments. Justice Minallah clarified that Article 6 was invoked to suspend the constitution and stated that the constitution had not yet been violated, though it could be after November 7.

The proceedings in the case were expected to be completed on the same day. In a previous hearing on October 23, the Supreme Court had sought responses from the federal government and the Election Commission of Pakistan regarding the election delay.

The Supreme Court Bar Association had previously petitioned the Supreme Court to order the ECP to announce an election date for the national and provincial assemblies, as required by Article 224(2) of the Constitution. This request was made in response to the CCI's August 5 decision, which resulted in a delay of the general elections beyond 90 days.