In an additional note issued on Thursday, Justice Athar Minallah of the Supreme Court regretted that President Arif Alvi, Chief Election Commissioner (CEC) Sikandar Sultan Raja, and the Punjab and Khyber-Pakhtunkhwa governors had deprived voters of their fundamental right by failing to conduct elections within 90 days of the dissolution of assemblies.
The note, which is supplemental to the Supreme Court order that had declared elections on Feb. 8, 2024 as ‘written in stone,’ further said all four individuals were guilty of breaching their statutory duties by not holding elections within the stipulated period. In it, Justice Minallah observed that the conduct and failure of the president, governors and CEC to discharge their constitutional duties made them answerable to the people. He noted that the public was the ultimate victim of their wrongful exercise of public powers and reckless disregard for duties under the Constitution.
Their actions, said Justice Minallah, had exposed themselves to penalties against their acts, adding it was the duty of public authorities to obey the law and exclusively serve the public interest. “It is the duty of the courts to put an end to impunity against the violation of the Constitution and constitutional rights,” he wrote, regretting that the people of Pakistan were being governed by unelected caretakers beyond their constitutional mandate. In this scenario, said the judge, it is the duty of the courts to ensure that if citizens file claims for alleged tortuous acts of public authorities, they are decided expeditiously and in accordance with law.
“A constitutional impasse seems to have been created by the holders of public office,” he wrote. Any registered voter may, if they so desire, exercise their right to claim remedies for the tortuous acts and thus vindicate their rights and set an example for creating deterrence for the future, he added.
This right, he wrote, empowers the public to police authorities and the government and seek compensation and vindication if they have been wronged. If effectively used and enforced, it is a right that would encourage public participation in putting an end to abuse of powers and the impunity for violating the Constitution and constitutional rights, he added. In this regard, he said, it is the duty of the courts to effectively enforce this right. If this right was exercised by the people of Pakistan against usurpers and collaborators for abrogating, subverting or holding the Constitution in abeyance, it could have deterred the repetition of such tortuous acts.
Emphasizing that the Election Commission of Pakistan (ECP)’s primary constitutional duty was to ensure the delayed polls were held in a fair, free and transparent manner without giving anyone an opportunity to complain, he said it would be failing in its duty if all citizens did not perceive the elections as fair, free and transparent.