In a recent development, Justice Athar Minallah of the Supreme Court stated that the Election Commission and President violated the constitution by setting the date for the upcoming general elections on February 8.
In an exhaustive 41-page additional note related to the election delay case, Justice Minallah asserted that a delay of more than 90 days in holding elections is tantamount to suspending the constitution, and both the President and the Election Commission are culpable for this breach.
Constitutional mandate for timely polls
Justice Athar highlighted a constitutional requirement that general elections should be held within 90 days after the dissolution of the National Assembly, emphasizing that this is crucial to prevent a suspension of the constitution.
According to Article 48 Clause 5, the President holds the power to set the election date and is responsible for ensuring that citizens are not deprived of their right to vote for more than 90 days.
Serious implications of delay
The judge underscored the seriousness of the constitutional violation, stating that not holding elections within the stipulated 90 days is a violation of constitutional and public rights.
He lamented that the Election Commission should have played a more active role in safeguarding the constitution, stressing that the President and the Governor should remain neutral in their positions.
Every day beyond 90 days constitutional ciolation
The additional note also emphasied that even a single day's delay in elections beyond the 90-day limit constitutes a serious constitutional violation.
Justice Minallah declared that the violation of Article 224A is not rectifiable or impeachable, and every day without elections beyond the mandated period will be considered an ongoing infringement of the constitution.
Forced disappearances
In a startling revelation, Justice Athar also remarked that forced disappearances have become an unannounced policy of the state.
He expressed concern over routine encroachments on personal freedom, acts against journalists, and political workers becoming commonplace. The judge called for concrete steps to address these issues and safeguard fundamental rights.
Caretaker govts and constitutional remedies
Justice Minallah questioned the concept of caretaker governments, stating that their purpose should only be to handle day-to-day affairs and create a neutral environment for transparent elections.
He asserted that a delay of more than 90 days in holding elections is equivalent to suspending the constitution, and the violation can only be addressed through Article 6 of the constitution. The judge urged citizens to approach the court if they perceive a delay in elections and emphasized the need for prosecution in such cases.
ECP's role in ensuring transparency
Concluding the note, Justice Athar Minallah called upon the Election Commission to ensure transparent and fair elections. He warned that failure to do so would amount to the Commission neglecting its constitutional responsibility.
The judge urged the Election Commission to take all necessary measures to prevent complaints about the delayed elections and to maintain the integrity of the democratic process.
