Political questions should be addressed at political forums: CJP

ISLAMABAD: Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Monday advised a petitioner, seeking reforms in the election process, that all political questions should be taken up at political platforms and be resolved there.

He observed that if the court started solving the political issues, it would create complications.

"Let the Parliament, the political parties and the nation to decide these issues themselves," he said while responding to a prayer of Abid Hasan Minto, petitioner and Chairman of Workers Party Pakistan, seeking curtailment in election expenditures and other election reforms.

The Chief Justice said that the Court could only say that elections should be free, fair and transparent.

He referred to a Lahore High Court judgement titled Mohammad Aslam Saleemi and said that the judicial verdicts over the issue had already been in the field regarding allocation of proportionate time to all political parties in TV programmes.

The petitioner contended that the court could issue a directive to the quarters concerned for developing a political culture in accordance with contemporary laws.

The Chief Justice told him that such a culture would be developed by the political parties and questioned how could the court's judgements help develop such culture. "We cannot direct the Parliament but you people can better approach it," he added.

To an argument of the petitioner about criteria for candidates, the Chief Justice told him that every person was respectable before them unless proved guilty by a court of law.

Minto requested the court that political parties should be barred from involving money during electioneering campaigns and such practices should be declared as ultra vires to the Constitution.

He also sought an order for conduct of elections in accordance with relevant sections of Representation of Peoples Act.

Minto read out Section 48 which was inserted during 2002 elections fixing limitation for election expenditures.

The Chief Justice told him that throughout the globe there were lobbies working for their interests prior to the elections.

The petitioner said that at least there should be some judicial orders in this regard for some time, prior to holding of elections.

He said under the said provision, the expenditures during 2002 were fixed not more than Rs 1,050,000.

The Chief Justice told him that in view of current financial situation, location of areas and scattered population in a constituency, the amount which he cited was nothing.

He observed that the usual turnout during the elections remained between 40 to 50 per cent while a candidate had to persuade everyone.

Justice Tariq Parvez remarked that still in such conditions, a candidate in Gujranwalla, who conducted his election campaign on his bicycle, was able to win without spending a single penny.

The Chief Justice referred to the case of Jamshaid Dasti MNA and said that he twice contested elections and succeeded.

He was declared as disqualified by this court but he showed respect for the decision and went for bye-elections and people of his area reciprocated by electing him.

The Chief Justice said that there was no requirement for further legislation if a political party was so active to bring people out of their homes.

Minto said that they wanted to stop a culture of using cavalcades of luxurious vehicles during election campaigns.

Justice Khilji Arif Hussain disagreeing with his point, observed that it was not the responsibility of the Supreme Court to issue directives for development of culture against such practices.

The Chief Justice remarked that it was upto the voters to elect their representatives whom they considered appropriate.

He told the petitioner that there was wide difference between 2002 and 2008, as democratic system was functional in the country.

Justice Tariq Parvez said that through the replies submitted before them, PML-Q, ANP, MQM and other parties agreed with the petitioner's point of view over election expenditures, so they could go for legislation in the Parliament.

Justice Khilji Arif Hussain told him not to put burden of 170 million people upon 17 members of the court but the political parties should share their responsibilities.

The Chief Justice told Minto that his case involved only academic discussion.

The petitioner said that the court could issue a directive to the Election Commission of Pakistan to hold free and fair elections.

The Chief Justice replied that they had already directed it in preparation of electoral lists case but it objected to it by saying that the court was interfering in its functions.

The bench while adjourning the case for Tuesday, directed Attorney General for Pakistan Molvi Anwarul Haq to apprise it tomorrow about the Federation's response to the petition. (APP)