In the suo moto case concerning the postponement of elections in Punjab and Khyber-Pakhtunkhwa (KP), the Supreme Court (SC) on Thursday sent notices to the Attorney General of Pakistan (AGP) and other parties.
The question of the delay in holding elections in the two provinces was heard today by a nine-member larger bench under the leadership of Chief Justice of Pakistan (CJP) Umar Ata Bandial.
The larger bench includes Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Mazhar Ali Naqvi, Justice Muhammad Ali Mazhar, Justice Yahya Khan Afridi, Justice Mansoor Ali Shah, Justice Athar Minallah and Justice Jamal Khan Mandokhail.
The CJP opened the proceedings by stating that the court needed to hear three cases on the topic and that the election date had been declared by the president of Pakistan.
He added that the court was running out of time and the polling period was closing in.
Notices Issued by Supreme Court on Elections Delay
Barrister Ali Zafar, the lawyer for Pakistan Tehreek-e-Insaf (PTI), approached the podium to “put things on record relating to the president.”
The CJP stated that the circumstances changed when the president announced the election date on February 20 and that “the petitions [filed in the case] are now out of date and need clarification.”
He insisted that the speakers of the two provincial assemblies include questions to their petitions. “The Supreme Court only has to see the constitutional point and implement it,” he stated.
AGP Shehzad Ata Elahi asked for more time for the case, arguing that if many individuals received notices, it would be difficult to prepare for it by tomorrow.
“Tomorrow, we will limit ourselves to a few essentials,” the CJP replied, adding that a detailed hearing of the case would occur on Monday.
Justice Bandial added that Article 224 stipulated that elections would be held in “90 days, and time was passing quickly”. “The case was pending in the high court but no decision was taken,” he said.
In his remarks, Justice Mandokhail said “before us is the petition of the speaker of the two assemblies”, adding that suo motu notice was taken by Justice Ahsan and Justice Naqvi.
He said that the chief justice did not have enough time to undertake a lengthy hearing.
“Everyone would benefit if the decision to hold elections was taken,” according to lawyer Shoaib Shaheen. Judge Athar Minallah responded that a court decision would be beneficial to all parties.
“This is a time-bound case where there is an issue of holding elections,” Advocate Shaheen said.
When discussing the uncertainties in the case, Justice Athar Minallah pointed out that the first issue would be whether or not the assembly was dissolved in accordance with the Constitution.
“The second is whether the assembly should also look at Article 184(3) of the Constitution,” he added.
If the assemblies were dissolved without cause in contravention of the Constitution, Judge Syed Mansoor Ali Shah questioned whether they could be reconstitute.
The CJP Bandial argued that the president announced elections in accordance with Section 57 of the Constitution and that these questions will be added for the decision of this subject.
The PTI’s application was still pending and should also be heard, according to attorney Ali Zafar. The CJP said that the top court was currently hearing three cases.
On the recommendation of two bench members on the announcement of elections in Punjab and K-P, Judge Jamal Khan Mandokhail raised grave qualms about the use of suo motu jurisdiction.
He read the written letter he had composed, in which he made reference to the audio leaks about the fixation of the matter before a specific bench or judge.
The AGP, all advocate generals, the deputy chairman of the Pakistan Bar Council, and PDM parties received notices from the bigger bench in the meantime.
The court postponed the case’s hearing until tomorrow (Friday).
When the stakeholders’ disagreements over the electoral law continue to effectively paralyze the election process, CJP Bandial intervened and took suo motu notice of the delay in holding elections in Punjab and K-P.
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