Govt in breach of Constitution: Alvi
President Dr Arif Alvi on Friday wrote a letter to Prime Minister Shehbaz Sharif emphasising that he should direct all of the executive authorities worried with federal and provincial governments to help the Election Commission of Pakistan (ECP) in retaining the elections in Punjab and Khyber-Pakhtunkhwa within the constitutional time frame.Through the letter, the president conveyed to the top-rated that protecting elections in the provinces was important to conform with an order of the Supreme Court issued on March 1, announcing the order should be abided through to avoid in addition complications, consisting of contempt of court proceedings.
Without mincing any words, Dr Alvi underlined that in his opinion “flagrant violation of the Constitution had been committed through the executive government and authorities departments”.
He introduced that the ECP had no longer applied the announcement of holding elections in Punjab on April 30, 2023, and also “blatantly violated the Supreme Court’s order dated March 1, 2023”.
Also, President Alvi alleged, “It seemed that federal and caretaker governments in Punjab and Khyber-Pakhtunkhwa advised the heads of departments concerned to suggest their inability to provide the vital support for holding fashionable elections.”
He referred to Article 220 of the Constitution which stated: “It will be the duty of all government government inside the federation and in the provinces to assist the commissioner and the Election Commission inside the discharge of his or their capabilities.”
The president’s letter got here after the ECP on March 22 introduced delay in the election in Punjab till Oct eight considering that it couldn’t conduct transparent and non violent polls on the scheduled date of April 30.
In an 8-page order, the ECP said that it couldn’t maintain the election “truly, justly, and pretty in a peaceful manner due to safety threats [and] within the absence of budget” and being unable to provide “stage-gambling subject” to all political events.
The ECP stated that the elections could not be held in Punjab beneath the situations conveyed to it by the law enforcement corporations, finance, defence and indoors ministries, Punjab chief secretary and others, who all hostile the polls on various grounds.
Meanwhile, President Alvi accused PM Shehbaz of retaining “no significant session with the President on policy problems”, announcing it turned into the duty of the top minister to provide records regarding the management of affairs of the federation and recommendations for legislation.
In the letter, President Alvi said, “It turned into a be counted of difficulty that no meaningful session with the President on coverage problems were undertaken via the Prime Minister consistent with Article 46 of the Constitution.”
Alvi reminded Shehbaz that the thing says that the high minister shall preserve the president knowledgeable on all subjects of internal and overseas coverage and on all legislative proposals the federal authorities intends to carry earlier than parliament.He delivered that Rule 15(five) of Rules of Business, 1973, additionally highlighted the duty of the high minister, inter-alia, to provide such data relating to the administration of affairs of the federation and proposals for law because the president may also call for.
The president stated inside the letter that elections of provincial assemblies, in case in their dissolution underneath Article 105 or Article 112, had been required to be held inside 90 days beneath Article 224 (2) of the Constitution.
He added that the Supreme Court had directed the ECP to endorse date(s) to the president for containing the ballot within ninety days or on a date that deviated to the barest minimum from the aforesaid cut-off date.
He stated that the K-P governor was additionally directed through the Supreme Court to hire a date for containing the general election for the provincial assembly of K-P as per above time frame.
Subsequently, the ECP had proposed preserving of general elections between April 30 and May 7, 2023, and general elections for the Punjab Assembly on April 30, 2023, and the identical turned into notified with the aid of the ECP.Additionally, the president drew the PM’s interest in the direction of the human rights violation, saying events had taken vicinity within the latest past that were highlighted by using the print, digital, and social media approximately obvious violations of fundamental and human rights that needed to be delivered to the PM’s note to make certain remedial measures and preventive motion.
In his letter, the president also drew the attention of the most efficient toward “the seriousness of incidents of human rights violations, atrocities of police and regulation enforcement groups, and grossly disproportionate use of pressure against the residents of Pakistan”.
He said that more than one fake and frivolous instances had been registered in opposition to politicians, people, reporters and media men and women; houses of political employees had been raided, and residents have been kidnapped without warrants and lawful justification.