Amid row with government, Pakistan Supreme Court reserves judgment in landmark election delay case

Pakistani lawyers gather outside the Supreme Court during the hearing of a case related to the postponement of Punjab polls in Islamabad on April 3, 2023. (AN Photo)
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Updated 03 April 2023
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Amid row with government, Pakistan Supreme Court reserves judgment in landmark election delay case

  • Hearing in polls delay case comes as parliament has passed new law to curtail powers of Supreme Court chief justice
  • PM Sharif government currently at loggerheads with judiciary on holding of snap polls in Punjab, Khyber Pakhtunkhwa

ISLAMABAD: Pakistan’s top court said on Monday it would announce its judgment tomorrow, Tuesday, in a landmark case challenging the national election regulator’s decision to postpone general elections in the country’s most populous province of Punjab until October 8.

A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial on Monday reserved the verdict in the petition case filed by the party of former Prime Minister Imran Khan.

Provincial assemblies in the Punjab and Khyber Pakhtunkhwa provinces were dissolved in January by Khan and his allies in a bid to force early general elections, since Pakistan historically holds the provincial and national elections together. According to Pakistan’s constitution, elections must be held within 90 days of the dissolution of a legislative assembly.

After weeks of delays and political wrangling on the issue, the Supreme Court in a 3:2 verdict on March 1 ordered the ECP to fulfil its constitutional obligation and announce an election schedule for Punjab and Khyber Pakhtunkhwa. The ECP subsequently said the vote in Punjab would be held on April 30 but later said it was impossible to hold the vote in April due to security and financial concerns. It announced October 8 as the new poll date in Punjab.

Khan’s Pakistan Tehreek-e-Insaf (PTI) party then approached the Supreme Court, which has since been debating whether the ECP’s move is legal.

“The law does not allow anyone to delay elections,” the chief justice remarked during Monday's hearing. “Only the court can defer the election date … How can the ECP give the date of October 8 for the polls?”

Bandial directed Defence Secretary Lieutenant General (retd) Hamooduz Zaman to submit a security report with regards threats to the election to the court by tomorrow, Tuesday, after the official requested the court for an in-chamber briefing.

“I cannot tell the details in the open court,” Zaman said. “We don’t want sensitive security information to reach our enemies.”

At earlier hearings in the case, the ECP told the court it would be ready to hold the polls if provided with the required Rs20 billion in funding and requisite security personnel. The court said on Monday the ECP could seek help from the navy and air force for security, apart from the armed forces.

The hearing in the election delay comes as, separately, Pakistan's parliament has passed a new law to curtail the powers of the Supreme Court's chief justice amid a row between the higher judiciary and the government on the holding of snap polls in Punjab and Khyber Pakhtunkhwa.

The government says it is economically not viable to hold the snap elections first and then have another general election this year in October.

The Supreme Court earlier this month ordered the snap polls to be held in the two provinces within 90 days of the dissolution of the two local government, which falls by April 30.

The new draft law, which has been sent to Pakistan's president for assent, has cut down the chief justice's powers to constitute panels, hear appeals or assign cases to judges in his team. These tasks will now be done by a three-member committee headed by the chief justice with his two most senior judges as members.


Opposition protests over Imran Khan’s eye treatment as government offers specialist care

Updated 5 sec ago
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Opposition protests over Imran Khan’s eye treatment as government offers specialist care

  • Opposition alliance says protest in front of parliament to continue until Khan is admitted to Shifa Hospital
  • Government says the ex-premier’s medical report will be compiled again amid judicial oversight of the case

ISLAMABAD: Pakistan’s opposition alliance staged a sit-in outside Parliament House on Friday demanding that jailed former prime minister Imran Khan be shifted to a private hospital for treatment of his worsening eye condition, as the government promised the best possible treatment and said the case was under judicial oversight.

Police locked the gates of parliament and cordoned off surrounding roads, preventing protesters from gathering in front of the building, witnesses and opposition leaders said. Security was also tightened around Khyber Pakhtunkhwa (KP) House, where officials and lawmakers from Khyber Pakhtunkhwa were stopped from approaching parliament.

The province is governed by Khan’s Pakistan Tehreek-e-Insaf (PTI) party which is in the opposition at the center.

“We have staged a sit-in for the earliest medical check-up of Imran Khan, which would take just ten minutes,” Mehmood Khan Achakzai, Leader of the Opposition in the National Assembly and head of the opposition Tehreek-e-Tahafuz-e-Ayeen-e-Pakistan alliance, told reporters at Parliament House.

“If it is conducted, we will end our protest,” he added.

In a post on X, the alliance said its leadership would continue the sit-in “until Imran Khan is admitted to Al-Shifa Hospital.”

A group of protesters, led by Khyber Pakhtunkhwa Chief Minister Sohail Afridi, also camped outside the KP House in the federal capital after an initial scuffle with police.

During the clash KP government spokesperson Shafi Jan was arrested but later released as more protesters gathered outside the facility.

Jan warned that if PTI activists were prevented from joining the main protest, they “will give a call for a countrywide strike.”

“We want to proceed toward Parliament to join the protest,” he added. “We want the Supreme Court’s verdict to be implemented that Imran Khan be shifted to Shifa Hospital, treated there and then brought back.”

The protest follows a rare prison visit earlier this month by Barrister Salman Safdar, appointed as amicus curiae by the Supreme Court to assess Khan’s health and living conditions at Rawalpindi’s Adiala jail. Safdar submitted a detailed report that was made public on Thursday.

The report said that in view of the seriousness of Khan’s ocular condition, “it is imperative that the seriousness of the condition be independently ascertained without delay.”

Safdar also recommended that the court consider involving Khan’s personal physicians or other specialists of his choice, warning that “any further delay poses a serious risk to the Petitioner’s well-being.”

According to a Feb. 6 medical report from the Pakistan Institute of Medical Sciences (PIMS) cited in Safdar’s filing, Khan was diagnosed with “right central retinal vein occlusion” after reporting reduced vision in his right eye. He underwent an intravitreal injection at PIMS and was discharged with follow-up advice.

In his interaction with Safdar, Khan said he had suffered “rapid and substantial loss of vision over the preceding three months” and claimed his complaints had not been addressed promptly in custody. He further said he had been left with “only 15 percent vision in his right eye.”

Safdar’s report noted that the 73-year-old former premier appeared “visibly perturbed and deeply distressed” over the loss of vision, though it also recorded that he expressed satisfaction with his safety, basic amenities and food provisions in prison.

Responding to the controversy, Parliamentary Affairs Minister Tariq Fazal Chaudhry rejected PTI’s claims that Khan had been suffering from an eye issue since October last year.

Speaking to reporters in Islamabad, he said Khan was visited by his sister on Dec. 2 but she did not mention the medical issue.

“Medical report will be compiled again, the chief justice of the Supreme Court is himself monitoring this case,” he said. “Wherever it will be requested, Imran Khan’s eye will be examined at.”

Chaudhry vowed there would be no negligence.

Information Minister Attaullah Tarar earlier rejected claims of mistreatment, saying the “narrative being propagated to international media” by Khan’s family had “fallen flat on its face,” and that prison records showed he enjoyed facilities “more than any other prisoner.”

Khan has been in custody since August 2023 in connection with multiple cases that he and his party describe as politically motivated. The government denies the allegation.

Concerns over his health resurfaced after authorities confirmed he had briefly been taken from prison to a hospital in Islamabad for an eye procedure. While the government said his condition was stable, Khan’s family and PTI leaders alleged they were not informed in advance and that he was being denied timely and independent medical access.