President Dr Arif Alvi Friday penned a letter to Prime Minister ShehbazSharif, emphasising that all concerned executive authorities of the federaland provincial governments should be directed to refrain from abuse ofhuman rights and also to assist the Election Commission of Pakistan (ECP)to hold general elections in the provinces of Punjab and KhyberPakhtunkhwa, within the timeframe, in compliance of Supreme Court’s Order,to avoid further complications including contempt of court.
The move came days after the electoral watchdog had postponed the upcomingelections in Punjab — initially scheduled to be held on April 30 — citingsecurity reasons as the major cause behind the change in plans.
In his letter, the president said that the prime minister, being head ofthe government, was responsible for safeguarding human rights as well asthe fundamental rights of every citizen of Pakistan as enshrined in theConstitution.
The president said that events that were highlighted by the print,electronic, and social media had taken place in the recent past aboutglaring violations of fundamental and human rights needed to be brought tothe premier’s notice to ensure remedial measures and preventive action.
President Alvi maintained that elections of provincial assemblies, in caseof their dissolution under Article 105 or Article 112, were required to beheld within 90 days under Article 224 (2) of the Constitution.
The top court in its order dated March 1, had directed the electoralwatchdog to propose date(s) to the president for holding the poll within 90days or on a date that deviates to the barest minimum from the aforesaiddeadline, he added.
The president said that KP Governor Haji Ghulam Ali was also directed bythe SC to appoint a date for holding the general election for theprovincial assembly as per the time frame.
“Subsequently, ECP had proposed holding of general elections between 30thApril – 7th May, 2023 and general elections for the Provincial Assembly ofPunjab were announced to be held on 30th April, 2023 and the same wasnotified by the ECP,” read the letter.
The head of the state said that it appeared that federal and caretakergovernments in Punjab and KP advised the heads of concerned departments toindicate their inability to provide the necessary support for holdinggeneral elections.
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He referred to Article 220 of the Constitution which states that “it shallbe the duty of all executive authorities in the federation and in theprovinces to assist the Commissioner and the election commission in thedischarge of his or their functions”.
The president underlined that in his opinion, flagrant violation of theConstitution had been committed by the executive authorities and governmentdepartments, adding that ECP had not implemented his announcement ofholding general elections in Punjab on April 30 and also blatantly violatedthe Supreme Court’s order.
The ECP has announced the date of October 8, 2023, for holding generalelections of provincial assemblies of Punjab and KP, he said.
He maintained that it was a matter of concern that the prime minister hadundertaken no meaningful consultation with the president on policy issuesin line with Article 46 of the Constitution, which provided that the PMshall keep the president informed on all matters of internal and foreignpolicy and on all legislative proposals the federal government intends tobring before the parliament.
He added that Rule 15(5) of Rules of Business, 1973 also highlighted theresponsibility of the PM, inter-alia, to furnish such information relatingto the administration of affairs of the Federation and proposals forlegislation as the president may call for.
In his letter, the president also drew the attention of the PM towards theseriousness of incidents of human rights violations, atrocities of policeand law enforcement agencies and grossly disproportionate use of forceagainst the citizens.
