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Supreme Court’s Judgment on General Elections: Justice Atharmanullah’s Remarks
September 5, 2024
Justice Atharmanullah of the Supreme Court emphasized the responsibility of the President to ensure that citizens are not deprived of their voting rights for more than 90 days, following the recent judgment regarding general elections.
As part of a three-judge bench led by Chief Justice Qazi Faiz Isa, Justice Athar Minullah contributed to the verdict concerning the timeline for general elections. The Supreme Court had previously instructed the Election Commission of Pakistan (ECP) to finalize and announce the election date, which is set for February 8, 2024.
In his 41-page additional note, Justice Atharmanullah expressed that the exclusion of voters from the election process contravenes their fundamental rights, criticizing the interim governance as unconstitutional. He underscored that holding elections within the stipulated timeframe is a constitutional obligation, asserting that over 12 crore registered voters must not be deprived of their right to vote.
Justice Atharmanullah highlighted the importance of addressing any delays in the electoral process, stating that elections should be convened no later than November 7 following the dissolution of the National Assembly. He pointed out that the authority to set the election date lies with the President under Article 48, Clause 5.
The Justice declared that both the Election Commission and the President have violated constitutional provisions by scheduling elections beyond the 90-day requirement, which constitutes a serious breach of citizen rights. He stated that if the President or Governors fail to fulfill their constitutional duties, the Election Commission must take action to uphold the Constitution.
In a significant meeting on October 2, Chief Election Commissioner Sikandar Sultan Raja discussed the election timeline with President Dr. Arif Alvi, leading to a consensus on the February 8 date for the elections. However, uncertainty surrounding the electoral process raised concerns within the country.
Chief Justice Qazi Faiz Isa highlighted the integrity of the electoral process in his ruling, emphasizing the need for swift action by the Election Commission to finalize preparations. The Supreme Court noted that any public objection to the election timeline was absent, indicating a collective agreement on the necessity of the upcoming elections.
Furthermore, the Supreme Court addressed the role of PEMRA in regulating media narratives concerning the elections. Misrepresentations could undermine public confidence, and the Court insisted on adherence to constitutional values to prevent misinformation.
The judiciary reiterated that every constitutional office and institution, including the Election Commission and the President, must comply with constitutional mandates. The repercussions of constitutional violations were stressed, underscoring the importance of timely elections as a cornerstone of democratic governance.
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lays in the electoral process, urging the government to prioritize the electoral framework and timelines. He warned that any further postponement could undermine public trust in democratic institutions and encourage political instability.
Furthermore, Justice Atharmanullah called on the Election Commission of Pakistan to ensure that the necessary preparations are made for the upcoming elections to facilitate free and fair voting. He reiterated that democracy thrives on active citizen participation and that timely elections are essential to upholding the rule of law.
The Supreme Court's ruling has sparked discussions across the political landscape, with various parties expressing their views on the significance of the judgment in the context of Pakistan’s democratic processes. As the country approaches the scheduled election date, the focus remains on the role of electoral commissions, government bodies, and citizen engagement in fostering a transparent and participatory electoral environment.
Justice Atharmanullah's remarks serve as a reminder of the vital role that judicial oversight plays in maintaining the integrity of elections and safeguarding the democratic rights of the populace.
