‘If Constitution requires elections within 90 days, we must say that,’ remarks CJP Bandial

Chief Justice of Pakistan Umar Ata Bandial said on Sunday that Supreme Court judges could not close their eyes if the Constitution requires elections within 90 days of dissolution of an assembly, adding that it was their duty to say so.

The top judge said at a symposium on minority rights in Lahore, “When it comes to constitution enforcement, we must not blink our eyes. Instead of trying to come up with excuses for not saying anything, we should just say it if it says elections should be held in 90 days.” 

The chief justice said that people were calling the situation a “controversy”. “I apologise, but I’m not seeking a controversy… Don’t say you’re with us, please. I’m just one of the Supreme Court judges. If you stand up for the law and the Constitution and not [for] any individual, you must support the Supreme Court,” he said.

The top judge of Pakistan said the Supreme Court and its judges “do not exist individually but as a unit [and] as a constitutional organ and that is how we function”.

In an apparent reference to the PTI, which has been staging rallies in “solidarity” with the chief justice, CJP Bandial said, “It’s crucial to note when the Supreme Court rules on a matter on merit, its decision carries moral weight. That becomes even more crucial if no review or appeal is filed in relation to those rulings. It indicates that the judgement is uncontested,” he added.

“If a review is submitted, it will be heard because no decision is definitive until it is binding. However, if a verdict is not appealed, it becomes conclusive. Let’s see what happens now,” the top judge said.

CJP Bandial expressed his “optimism” about the commitment to the Constitution shared by the country’s authorities, institutions and the populace. He concluded by saying, “The implementation bench is always there so file an application and let’s see what happens.”