In a recent development, Justice Athar Minallah of the Supreme Court has asserted that both the Election Commission and the President have violated the constitution by scheduling the upcoming general elections for February 8.
In a detailed 41-page additional note related to the election delay case, Justice Minallah argued that a delay of more than 90 days in conducting elections is equivalent to a suspension of the constitution, holding both the President and the Election Commission accountable for this breach.
Justice Athar emphasized a constitutional mandate stipulating that general elections must occur within 90 days after the dissolution of the National Assembly, highlighting its significance in preventing a constitutional suspension. Article 48 Clause 5 grants the President the authority to set the election date, with the responsibility to ensure citizens are not deprived of their voting rights for more than 90 days.
The judge underscored the gravity of the constitutional violation, asserting that failing to hold elections within the specified 90 days constitutes a violation of both constitutional and public rights. He expressed disappointment in the Election Commission’s role, stating that it should have actively protected the constitution, emphasizing the need for neutrality from the President and the Governor.
Justice Minallah stressed that even a one-day delay in elections beyond the 90-day limit constitutes a severe constitutional violation. He declared the violation of Article 224A as irremediable and non-impeachable, considering each day without elections beyond the mandated period as an ongoing infringement of the constitution.
In a surprising revelation, Justice Athar remarked that forced disappearances have become an unofficial state policy. He expressed concern about routine encroachments on personal freedom, targeting journalists and political workers, and called for concrete steps to address these issues and safeguard fundamental rights.
Questioning the concept of caretaker governments, Justice Minallah stated that their purpose should solely 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 akin to suspending the constitution, suggesting that 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.
Concluding the note, Justice Athar Minallah called upon the Election Commission to ensure transparent and fair elections, warning that failure to do so would amount to the Commission neglecting its constitutional responsibility.
