THE Supreme Court has declared in its short order on the reference sent by the president under Article 186 of the Constitution that “The Elections to the Senate of Pakistan are held ‘under the Constitution’ and the law”.
The president in his reference had asked for the opinion of the court “Whether the condition of ‘secret ballot’ referred to in Article 226 of the Constitution … is applicable only for the elections held ‘under’ the Constitution such as the election to the office of President of Pakistan … and not to other elections such as the election for the members of the Senate of Pakistan held under the Elections Act, 2017 … which may be held by way of secret or open ballot, as may be provided for in the Election Act, 2017?”
The order issued on Monday makes it clear that the election of the Senate is to be held under the Constitution, which means it will be conducted through a secret ballot. The court order is in essence a repudiation of the government’s position, and the ordinance it promulgated through the president, that the Senate election should be held with an open ballot.
However, there is a twist. The order then proceeds to quote a 1967 judgement “where it has been held that secrecy is not absolute….” From this observation, the Supreme Court then declares that the “Election Commission is required to take all available measures including utilising technologies … to ensure that the election is ‘conducted honestly, justly, fairly … and that corrupt practices are guarded against’.” This has added an element of ambiguity to the real meaning of the order.
While the opposition is asserting its principled position has been upheld that the election must be conducted under the Constitution and if the mode of election has to be changed, it must be done through a constitutional amendment, the government is saying the order vindicates its position that secrecy is not absolute and therefore the ECP should ensure that ballots in Wednesday’s Senate elections are identifiable if required. The detailed judgement, whenever it is issued, may help clarify the matter but for now it appears that the ECP will have to interpret the order to the best of its ability and combine it with its discretion to decide how to hold the Senate election.
The entire affair has generated a controversy that the country could have done without. Parliament shoulders the responsibility of amending the Constitution if and when needed, and the courts should not be needlessly burdened with such matters. Now that the Supreme Court has clearly stated that the mode of voting in the Senate elections is under the Constitution, it would be better if the political parties brought back the issue for discussion in parliament and legislated electoral reforms, including the mode of voting for the next Senate elections.
Khashoggi report
THE grisly 2018 murder of Saudi journalist Jamal Khashoggi in the kingdom’s Istanbul consulate shocked people around the world, with calls for those behind the heinous crime to be brought to justice. However, over two years since the crime was committed, those who ordered the hit are yet to be punished, with realpolitik apparently trumping the demands of justice. The US last week released an intelligence report that very much points to the role the Saudi crown prince apparently played in this murder, saying that Mohammed bin Salman approved the operation to “capture or kill” Khashoggi. The late Saudi writer was once close to the halls of power in Riyadh, advising senior members of the royal family, but his writings, particularly in the Western press, apparently rubbed the kingdom’s de facto ruler the wrong way. However, regardless of the American report’s findings, only low-level Saudi operatives have been sanctioned by Washington, and the powerful crown prince has been let off the hook. Riyadh for its part has said it “completely rejects the negative, false and unacceptable assessment” while Pakistan’s Foreign Office states that this country “recognises Saudi efforts in this regard and expresses solidarity with the Kingdom”. Meanwhile, Hatice Cengiz, the Turkish fiancée of Khashoggi, has called for the crown prince to be “punished without delay”.
Amidst this web of claims and counter-claims, the killers of Jamal Khashoggi remain unpunished. While a trial is still under way in Turkey, eight men have been convicted of the murder in a Saudi trial, a process a UN special rapporteur has termed “the antithesis of justice”. It was always highly unlikely that the Americans — Khashoggi was a US green-card holder at the time of his death — were going to take action against the big guns in Saudi Arabia, especially under Donald Trump’s watch. But considering Joe Biden’s comments on this case before he entered the White House, it was expected that the US would censure those who ordered this monstrous crime. However, this was not to be. While the Saudi government claims innocence, the fact is that it has changed its statements regarding Khashoggi’s murder. It was first stated that the journalist left the Istanbul consulate alive, while later the official line was that the hit was a “rogue operation”. All of the above creates the impression that the Khashoggi case is far from closed, and a transparent trial is needed to punish all the perpetrators.
Heritage trail
THE heritage trail project in central Punjab, inaugurated by Prime Minister Imran Khan on Sunday in Jhelum district, presents yet another opportunity for the rehabilitation and preservation of our rich history. The project relates to seven sites starting from Al Bairuni Point at Nandana Fort where Al Bairuni, a scholar of many disciplines, is said to have calculated the circumference of the earth. The other sites include the Shiva Temple, Tilla Joggian, the Khewra salt mines, Mallot Fort and Takht-i-Babri. The Punjab tourism and archaeological department, with an initial grant of Rs120m, plans to develop this area for international heritage tourism. The prime minister is right in seeing the potential of this trail as an international heritage site. However, developing historical sites is only the first step towards building a tourism economy. The upkeep and maintenance of such locations, the provision of adequate living facilities, good road access and security as well as ease in obtaining a visa will also play a huge role in the successful promotion of the tourist industry in Pakistan.
Unfortunately, Pakistan’s tourism infrastructure remains below par in all essential departments. Successive governments have failed miserably in protecting and preserving the existing archaeological sites in the country. There have been a number of reports of damage to the ancient structures in Mohenjodaro while Unesco recently warned that Makli would be taken off its list of heritage sites if the government did not act on its recommendations for the necropolis’s conservation. Moreover, the environmental impact of tourism cannot be overlooked. For instance, as has been pointed out, while domestic tourism in the northern parts has increased, the environmental footprint is taking its toll on scenic landscapes in ways that include cutting down trees to build hotels and restaurants. If the government plans to develop the Pind Dadan Khan region for international tourism, it should also be vigilant in other areas and promote conservation while ensuring easy availability of modern facilities in places with tourism potential.
