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 guilty of 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 ensures 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 violates 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 of constitutional violation
The additional note also emphasized that even a single day’s delay in elections beyond the 90-day limit constitutes a severe constitutional violation.
Justice Minallah declared that the violation of Article 224A is not correctable 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.