Justice Minallah observes delay of single day in holding elections b is severe violation of Constitution

ISLAMABAD: Justice Athar Minallah of the Supreme Court emphasized that any delay, even by a single day, in conducting general elections beyond the stipulated timeframe of 90 days is a severe violation of the Constitution, resulting in the denial of constitutional rights to the people.

In an additional note, he clarified this perspective, highlighting the critical nature of adhering to the constitutional timeframe.

Earlier this month, a three-member bench, led by Chief Justice Qazi Faez Isa and including Justice Minallah and Justice Amin-Ud-Din Khan, directed the government to ensure that general elections take place on February 8. This decision followed unanimous agreement on the date by President Arif Alvi and Chief Election Commissioner Sikandar Sultan Raja during a meeting at the President’s House.

The Election Commission of Pakistan (ECP) issued a notification endorsing the February 8 date, with no objections from any political party, as stated in the court order.

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In his 41-page note, Justice Minallah asserted that a delay in conducting general elections goes beyond mere postponement; it effectively suspends the Constitution, violating its fundamental principles that empower the state through elected representatives.

He observed a constitutional impasse, emphasizing that the president, governors, and the ECP failed in their duty to resolve it promptly.

Justice Minallah criticized President Arif Alvi for not promptly appointing a date for general elections after the dissolution of the National Assembly, as mandated by Article 48(5).

Instead, the president belatedly wrote a letter to the Commission for consultation. The responsibility to ensure that the people’s right to vote is not compromised, and they are not left unrepresented for more than 90 days, lies with the president, governors, and the commission, according to Justice Minallah.

He expressed concern about impunity for constitutional violations, stating that the exercise of public power should protect people’s freedoms and rights.

Any abuse or wrongful use of public power represents a breach of trust and serious misconduct. When those responsible for constitutional violations go unaccountable, it fosters an environment of impunity, rendering the Constitution ineffective and undermining the people’s freedoms and rights.

Justice Minallah emphasized that the people of Pakistan, particularly registered voters, are the victims of wrongful exercise of public powers and a disregard for duties under the Constitution and statutes by the president, governors, and the commission.