2013 PLP 874 (SCMR)
Ch. NASIR IQBAL and others — Petitioners Versus FEDERATION OF PAKISTAN through Secretary Law and others — Respondents
| Citation | 2013 PLP 874 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Gulzar Ahmed and Sh. Azmat Saeed, JJ |
| Parties | Ch. NASIR IQBAL and others — Petitioners Versus FEDERATION OF PAKISTAN through Secretary Law and others — Respondents |
| Primary Law | (d) Constitution of Pakistan, (c) Constitution of Pakistan, (a) Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2013 PLP 874 (SCMR)?
This judgment primarily cites: (d) Constitution of Pakistan, (c) Constitution of Pakistan, (a) Constitution of Pakistan, (b) Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 874 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Gulzar Ahmed and Sh. Azmat Saeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 874 (SCMR) (Ch. NASIR IQBAL and others — Petitioners Versus FEDERATION OF PAKISTAN through Secretary Law and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Abdul Rauf, Advocate Supreme Court for Petitioner.
- Date of hearing: 27th March, 2013.
- Muhammad Munir Piracha, Senior Advocate Supreme Court and Syed Sher Afgan, D.-G. (Elections) for ECP.
- Raja Muhammad Farooq, Advocate Supreme Court for the OPF.
Headnotes / Summary
Arts. 218(3), 89 & 184(3)
Representation of the People Act (LXXXV of 1976), Preamble
Constitutional petition under Art.184(3) of the Constitution
Right of overseas nationals/citizens of Pakistan to vote in the general elections conducted in Pakistan
Plea of Election Commission of Pakistan that for extending such right/facility amendment in the Representation of the People Act, 1976 would be required and also signing of Memorandum of Understandings (MOUs) with the countries where such right/facility of voting was to be extended
Supreme Court observed that since an interim Government was functioning at present , the amendments so desired or required could be made by adhering to the procedure of temporary legislation, as provided under Art.89 of the Constitution, and that as far as Memorandum of Understandings (MOUs) were concerned, the Election Commission could solicit an opinion in such regard from the Ministry of Foreign Affairs.
Arts. 218(3) & 184(3)
Constitutional petition under Art.184(3) of the Constitution
Right of overseas nationals/citizens of Pakistan to vote in the general elections conducted in Pakistan
Plea of Election Commission of Pakistan that it did not have any software for extending such right
Supreme Court observed that such difficulty could be resolved if the Ministry of Information Technology was taken into confidence or independently information technology experts were engaged with the mandate to prepare such software as early as possible but in any case much before the date of polling.
Arts. 218(3) & 184(3)
Constitutional petition under Art.184(3) of the Constitution
Right of overseas nationals/citizens of Pakistan to vote in the general elections conducted in Pakistan
Plea of Election Commission of Pakistan that there were issues/difficulties in relation to identification of voters/electors who were living in different countries (abroad)
Supreme Court observed that such issues related to National Database and Registration Authority (NADRA) and by taking said Authority on board the issues being faced by the Election Commission could be conveniently resolved.
Arts. 218(3) & 184(3)
Constitutional petition under Art.184(3) of the Constitution
Right of overseas nationals/citizens of Pakistan to vote in the general elections conducted in Pakistan
Supreme Court observed that present petitions were pending since 2011 and much time had already been given to the Election Commission to do the needful, but so far no progress in such behalf had been made except analyzing suggestions which were put forward by the Supreme Court itself and offering explanation to convince the Court that extending the right of franchise to the overseas nationals/citizens of Pakistan was not possible; that difficulties (pointed out by Election Commission) for extending such right were not insurmountable and could conveniently be solved within the shortest possible time if there was a co-ordinated effort between the Election Commission, Ministry of Foreign Affairs, Ministry of Law and Justice, National Database and Registration Authority (NADRA) and other authorities relevant in such behalf in order to achieve the object; that all possible efforts must be made to allow an opportunity to overseas nationals/citizens of Pakistan so that they might participate in the election of their representatives in National and Provincial Assemblies, and that the Supreme Court would pass further orders, if required, to ensure the fundamental right of the overseas nationals/citizens of Pakistan to participate in the formation of Federal and Provincial Government(s)
Supreme Court directed that a meeting should be convened in the office of the Attorney General, which should be attended by the Incharge Secretary Ministry of Law and Justice, the Secretary Ministry of Foreign Affairs, the Secretary Ministry of Information Technology, Chairman of National Database and Registration Authority (NADRA) as well as the representative of Election Commission and they should thoroughly deliberate and submit a comprehensive report in the Supreme Court. Shafi Muhammad Chandio, D.A.-G. on Court's Notice. Muhammad Munir Piracha, Senior Advocate Supreme Court and Syed Sher Afgan, D.-G. (Elections) for ECP. Fiaz Ahmed Malik, Deputy Chief and Islam-ud-Din, Assistant Chief for M/o Overseas. Raja Muhammad Farooq, Advocate Supreme Court for the OPF.
Judgment & Decree
In response to our order dated 19-3-2013, reply (C.M.A. No.1584 of 2013) has been submitted to the proposal pointed out by the Court, perusal whereof indicates that the alleged difficulties/problems highlighted by the ECP mainly relate to three areas:-- Firstly, amendment in the Representation of the People Act, 1976 and signing of MOUs with the countries where ECP proposed to extend the facility of voting to Overseas Pakistanis on the plea that in some of the countries such congregations are prohibited. Attending to this aspect of the case, we observe that as at present interim Government is functioning, the amendments so desired or required can be made by adhering to the procedure of temporary legislation, as provided under Article 89 of the Constitution. So far as signing of MOUs is concerned, no law has been cited, however, in this behalf if need be, the ECP can solicit opinion from the Ministry of Foreign Affairs; Secondly, the issue of non-availability of software, which shall he used by the Overseas Pakistanis for the purpose of extending facility/benefit to cast their votes and if the Ministry of I.T. is taken into confidence or independently the I.T. experts are engaged with the mandate to prepare such software under the instruments as early as possible but in any case much before the date of polling this difficulty can also be overcome; and Thirdly, the issue of identification of the voters/electors who are living in different countries. Again this issue relates to NADRA and on taking on board the authorities of NADRA, the issue being faced by the ECP can conveniently be resolved.
2. We are constrained to observe that these petitions are pending since 2011 onward and much time has already been given to the ECP to do the needful, but so far no progress in this behalf has been made except analyzing suggestions which were put forward by the Court itself and offering explanation to convince the Court that extending the right of franchise to the Overseas Pakistani Citizens is not possible this time but we are not persuaded because as has been observed time and again that these difficulties are not insurmountable and could conveniently be solved within a shortest possible time if there is a coordinated effort between the ECP, Ministry of Foreign Affairs, Ministry of Law and Justice, NADRA and other authorities relevant in this behalf in order to achieve the object and all possible efforts must be made to allow an opportunity to the Overseas Pakistanis so they may participate in the election of their representatives in National and Provincial Assemblies.
3. The learned counsel for the petitioner, stated that he has been informed by the learned Attorney-General for Pakistan that the process of extending the facility of exercising the right to vote by the Overseas Pakistanis is possible but as the Attorney-General is appearing before another Bench of this Court, therefore, we direct that let a meeting be convened in the office of the learned Attorney General on 28-3-2013, which shall be attended by the Incharge Secretary Ministry of Law and Justice, the Secretary Ministry of Foreign Affairs, the Secretary Ministry of I.T. Chairman NADRA as well as the Representative of ECP and they should thoroughly deliberate and submit comprehensive report on 29-3-2013 and further orders, if required will be passed by this Court to ensure the fundamental right of the Overseas Pakistanis to participate in the formation of Federal and Provincial Government(s), which shall be responsible ultimately for good governance as well as for protection of their life and property.
4. Adjourned to 29-3-2013. MWA/N-4/SC Order accordingly.