Today the learned Attorney General for Pakistan has apprised the Court about the communication between the Government coalition and the Opposition during the Eid holidays regarding the matter of general elections. He has further added that initial steps have been taken for the nomination of the members of the negotiating team from both sides and matters relating to their meeting. On Court's query as to why the Chairman Senate has been involved, Mr. Farooq H. Naek, Sr. ASC, learned counsel for Pakistan Peoples Party Parliamentarians, has submitted that the venue of the Senate was chosen for the reason that it is the House of Parliament where the Provinces have equal representation and all political parties are present therein. The role of the Chairman Senate will only be of a facilitator without substantive involvement.
2. Mr. Shah Mahmood Qureshi, member Pakistan Tehreek-i-Insaf ("PTI") , has informed that Chairman PTI has nominated him, Senator Ali Zafar and Mr. Fawad Chaudhary as the members of their team. The learned Attorney General and Mr. Farooq H. Naek, Sr. ASC have assured the Court that the Government wants to commence negotiations as soon as possible and are willing to sit together with the PTI team either today or by tomorrow. The learned Attorney General has also stated that the Government coalition will finalise the names of their nominated members by today.
3. The Court appreciates the efforts of all parties to try to end the current political impasse and in particular their voluntary agreement to enter into negotiations to choose a single date for holding General Elections to the National Assembly and the four Provincial Assemblies. It was made clear by the Court that the talks and negotiations between the two sides were entirely to be their own effort, without any direction or order of the Court in this regard in any manner. It was also made clear that the order of 04.04.2023 in Const. P.5 of 2023 remained unchanged.
4. Adjourned to a date to be fixed later.
Pursuant to our yesterday's order dated 19.04.2023, the representatives of the respondent No.1 and 2 and the senior leadership of all political parties who have duly been instructed and represent their respective parties are present in Court today to inform us of the position of their parties on a political dialogue being held for settling a single date for holding General Elections to National Assembly and four Provincial Assemblies.
2. On behalf of Pakistan Peoples Party Parliamentarians ("PPPP"), Mr. Faooq H. Naek, Sr. ASC has appeared and stated that a process for conducting such dialogue has been initiated within the coalition partners of Pakistan Democratic Movement ("PDM") and that it is agreed that heads of all political parties shall meet with the Opposition parties to arrive at a consensus date for holding the General Elections to the said Assemblies simultaneously.
3. Khawaja Saad Rafique has appeared on behalf of Pakistan Muslim League (Nawaz) ["PML(N)"] and endorsed the statement made on behalf of PPPP. He also has expressed the willingness of his party to enter into negotiations with all political parties to arrive at a consensus date for holding of General Elections of the National Assembly and four Provincial Assemblies simultaneously.
4. Mr. Qamar Zaman Kaira, for PPPP; Engineer Sabir Hussain Kaimkhani for MQM(P); Mr. Tariq Bashir Cheema, PML(Q); Mr. Israr Ullah Tareen for BAP and Sardar Ayaz Sadiq duly instructed on behalf of BNP (Mengal) also addressed the Court and supported the views expressed by Mr. Farooq H. Naek and Khawaja Saad Rafique.
5. Mr. Makhdoom Shah Mahmood Hussain Qureshi, Vice President, Pakistan Tehreek-e-Insaaf ("PTI") also addressed the Court. He assured that notwithstanding the misgivings of his party with the political environment and disposition, his party was willing to move forward within the framework of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") to negotiate on an agreed date for holding of General Elections of the National Assembly and four Provincial Assemblies simultaneously. However, he emphasised that the process of negotiations should not be open ended and not to be turned into a ploy for delaying elections, which is the apprehension of his party. He emphasised that such process should be regulated by a timeframe to ensure that the outcome is accomplished expeditiously, failing which the Court's decision for General Elections for the Provincial Assembly of Punjab to be held on 14.05.2023 be complied.
6. Mr. Siraj-ul-Haq, Ameer Jamat-e-Islami has appeared and stated that dialogue and consultation is not an option in public affairs but a duty as enunciated in the Holy Qurn. The 1973 Constitution forms the inalienable basis for our political structure through democratic government for which elections are indispensable. According to him the election is not a matter concerning two political parties only but the will of the nation as a whole. The world is changing and Pakistan must resolve its own issues. He has further stated that for a political dialogue it is essential for all participants to be flexible about their respective positions and the approach of the parties should not be dictated by ego or pride. He suggested a timeframe under which two important events ought to be accounted for: firstly, the wheat harvesting season in May and secondly the occasion of Hajj.
According to him General Elections could be held immediately thereafter.
7. Having heard the positive statements of political leadership of the country representing all major political parties with respect to the simultaneous holding of General Elections of the National Assembly and four Provincial Assemblies gives cause for optimism that they would agree to an election date sooner rather than later. However, the Court is also impressed to note that all political leaders affirmed their fidelity to the Constitution of Pakistan which is supreme and must be adhered to. We are cognizant that if political dialogue extends to address all grievances, then it is likely to be a lengthy process and the correct forum for that is the political arena and political institutions. However, we did not find any reservations to the negotiations being centred solely on a one-point agenda, namely, consensual fixation of a date for holding of General Elections of the National Assembly and four Provincial Assemblies which is a constitutional and legal question. It is important that such result is accomplished expeditiously because our judgment rendered in Constitution Petition No.5 of 2023 on 04.04.2023 has already fixed the date of elections to the Punjab Provincial Assembly as 14.05.2023. That judgment holds the field and, therefore, its ruling is binding on all judicial and executive authorities in the country under Article 189 and Article 190 of the Constitution. Therefore, the proposal that the first meeting of the representatives of all political parties be held today was appreciated and welcomed by the Court. The Court adjourned the matter till 4:00 pm. The Attorney General for Pakistan was directed to report the progress made in the matter today in Chambers.
8. Thereafter, the learned Attorney General for Pakistan along with Mr. Farooq H. Naek, learned Sr.
ASC met the Bench in Chambers and apprised them of deliberations amongst the senior Cabinet members of the Government and their interaction with a senior officer bearer of the PTI. They submitted that a recess is being taken on account of Eid-ul-Fitr holidays because several political leaders and party heads have already left or leaving Islamabad for their hometowns to celebrate Eid-ul-Fitr. However, a meeting has been scheduled amongst the said leaders on 26.04.2023. The proceedings and progress of which shall be reported to the Court on 27.04.2023.
To come up on 27.04.2023 for report and further proceeding.
Mr. Shah Khawar, learned ASC represents a concerned citizen who has approached the Court to highlight the alternate means of a political dialogue for ending the impasse on the issue of holding General Elections to the Punjab and KP Provincial Assemblies. Whereas the Court vide its judgment dated 04.04.2023 had directed the General Elections to Punjab Provincial Assembly to be held on 14.05.2023, there is resistance to compliance with the said direction by the Election Commission of Pakistan, Federal Government and the Ministry of Defence. The grounds of their reservations are not germane to the present petition.
2. Learned counsel has argued that for ensuring peaceful, honest, just and fair elections there must be understanding and mutual respect among the political parties that participate in the general elections. He contends that historically the holding of simultaneous elections to the National Assembly and four Provincial Assemblies has secured a more durable outcome than the staggered elections held in 1970 and 1977 as are being envisaged presently for the said two Provincial Assemblies.
3. Prima facie, the submission made by the learned counsel appears to have substance because elections are contested in the political arena and these can be best conducted with the feedback and input of all electoral political forces in the country would contest in such elections. However, the Court considers that the alternative route proposed by the learned counsel cannot operate to negate or erase the date fixed by the Court in its judgment dated 04.04.2023 for the holding of General Elections to the Punjab Provincial Assembly which is in line with the dictates of the Constitution. This is for the reason that political dialogue must not be made a means for avoiding the imperative obligation under Articles 112 and 224 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") to hold a general election to a provincial assembly with 90 days of its dissolution. Therefore, time is of the utmost essence in exploring the course suggested by the learned counsel. Correspondingly, we appreciate the initiative taken by the petitioner to propose the initiation of a political dialogue as a means for settling a practical and feasible date on which general elections, that satisfy the requirement of Article 218(3) of the Constitution, are held.
4. Keeping the time constraint in view, notice is issued to the respondents No.3 to 12 in this petition as well as to the Jamat-e-Islami through its Ameer for arranging their representation through their duly authorized and instructed senior office bearers of the respective parties to appear in-person before the Court tomorrow. Notice shall also be issued to the Federation of Pakistan, the Election Commission of Pakistan and the Attorney General for Pakistan under Order 27A of the CPC. Office shall send the notices through the various modes provided in law including special messenger and shall request the electronic and print media to convey the Court's order to the respective political parties.
5. To come up tomorrow i.e. 20.04.2023 at 11:00 am.