ISLAMABAD
Law Minister Azam Nazir Tarar while demanding once again for constitution of full bench of Supreme Court (SC) on Punjab and KP polls has said if full court is not formed then a political and constitutional crisis will be created in the country.
“A 13 members full court be constituted on this matter which should resolve all issues . The procedure for the polls is settled in the constitution. The national assembly and provincial assemblies polls should take place at a time in the country. The minority decision should not be imposed in the country”, he said this while talking to international media here Thursday.
He went on to say Punjab Assembly (PA) was dissolved in controversial way. Chief Minister (CM) Punjab sent the summary to governor for dissolution of assembly but governor refused to sign it and the assembly stood dissolved after 48 hours. Later the matter went to court.
He indicated the petitions regarding polls of Punjab and KP assemblies are pending hearing. The court directed Election Commission (EC) to give date for election with consultations. A dispute surfaced up when EC announced the date. EC is an empowered and autonomous body.
He held the polls of national and provincial assemblies should be held at a time in the country. The procedure for polls is enshrined in the constitution. In suo motu notice case two judges of Supreme Court (SC) expressed their opinion openly. These judges have recused them from the bench. 4 judges dismissed the petition and two refused to hear the case. The decision of case came on March 01. It was our stance that the decision was dismissed with 4-3. This court order was rejected first by circular and then by 6-member bench. The court did not hear the stance of any political party nor respondent was made in the case.
He went on to say senior judges were kept from the bench.
He indicated the process of legislation is underway on the matter of SC suo motu notice. Parliament has accorded approval to bill on the matter of suo motu notice of SC. But no importance was given to assembly bill of full court.
He underlined that the clear decision of justice Qazi Faez Isa is there on 3/184 in connection with polls. If full court is not constituted then a political and constitutional crisis will hit the country. Government thinks it is better if a 13-member full court is constituted on this matter. The credibility of the institution is being affected due to lack of unity among the judges.
He underscored a 13-member full court should sit and resolve all matters. There should not be a clash like situation between the government and the court.
He stated that federal cabinet meeting took place under the prime minister after SC decision. In the meeting reservations were expressed openly on the court’s decision. The majority of the cabinet members was of the opinion that majority decision should not be changed to minority decision.
He said the government took counsel from legal experts on SC decision. The National Assembly requested the court to review its decision.
A care taker set up is must for holding election in fair and transparent manner. If polls of provincial assemblies are held earlier then the polls of national assembly will be affected. As per constitution political stability should come in the country due to transparency of the election and not new disputes and conflicts should arise. In the past the schedule of general election was changed due to law and order situation.
He remarked the process of population census is underway in the country in connection with general election. If we hold election on old population census then there will be reservations of political parties on them. Therefore, all polls , be they of national assembly or provincial assemblies should be held on new population census.
