Islamabad: Chief Justice Umar Atta Bandyal issued a notice to all political parties including the government on the delay in the elections in Punjab and KP and said that according to the constitution, the elections should be held within 90 days after the dissolution of the assemblies. Violation will not be tolerated.
A nine-member larger bench headed by Supreme Court Chief Justice Umar Atta Bandial heard the self-notice case on elections in Punjab and Khyber Pakhtoon.
The bench consisted of Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Mazahir Ali Naqvi, Justice Muhammad Ali Mazhar, Justice Yahya Khan Afridi, Justice Mansoor Ali Shah, Justice Athar Manullah, Justice Jamal Khan Mandukhel.
Barrister Ali Zafar came to the rostrum and said that we want to bring on record things related to the President of Pakistan, on which the Chief Justice said that there are two applications which are now out of date and need to be clarified. The situation changed after the announcement of the date, some questions have been included by the Speakers of both the Assembly in their petitions, the Supreme Court has only to see the constitutional point and implement it.
The Attorney General pleaded for time for the case and said that if so many people notice, it will be difficult to prepare for tomorrow.
The Chief Justice said that tomorrow we will be limited to only a few essential matters, we will hear the case in detail on Monday, Article 224 says that elections will be held in 90 days, time is passing quickly, the matter is pending in the High Court. But no decision was made.
Justice Jamal Mandukhel said that we have the applications of the speakers of two assemblies, automatic notice was taken on the note of Justice Ijaz-ul-Ahsan and Justice Mazahir Ali Akbar Naqvi.
Chief Justice Umar Atta Bandial said that due to lack of time, he could not hold a long hearing.
President of Islamabad High Court Bar Shoaib Shaheen said that if the decision to hold elections comes in the automatic notice, everyone will benefit. Justice Athar Minullah said that if the court gives a decision, all political parties will get benefit But Shoaib Shaheen said that this is a time bound case and there is an issue of holding elections.
Justice Jamal Jan Mandukhel said that some audios have come out, in which Abid Zuberi is talking about some judges, in these circumstances, in my opinion, this case does not fall under 184(3).
Justice Athar Manullah said that we are discussing the constitutional doubt in this case, the first question would be whether the assembly was dissolved under the constitution or not, the second question is that the assembly should also look at 184(3).
Chief Justice Umar Atta Bandyal said that under Section 57, the President announced the elections, on which lawyer Ali Zafar said that our petition is pending and it should also be heard. The Chief Justice said that there are 3 issues before us, let’s see who has the authority to give election dates after the dissolution of the assemblies?
The Chief Justice said that before us was the order of February 10 of the High Court, there were many factors before us on the basis of which we took notice, long proceedings are going on in the High Court and time is passing. On this, Justice Jamal said that there are reservations about the suo motu notice, on which the Chief Justice said that the suo motu notice was taken later and the petitions of the speakers were filed.
Justice Jamal Khan Mandukhel said that Justice Mazahar Ali Akbar Naqvi was in the bench in which the Chief Election Commissioner was called, on which the Chief Justice said that there were many reasons due to which the notice was taken automatically, the constitution specifies the time of the elections which are over. However, the High Court forum can be bypassed if there is an emergency, it was easy for the Supreme Court to set aside two petitions.
The Chief Justice said that Section 57 is related to the date of elections, many new points have come which need to be interpreted, the Supreme Court will not tolerate violation of the Constitution, if there are very serious circumstances, the time of elections can be extended. Yes, we have to see the constitution being implemented.
Chief Justice Umar Attabandial said that there were two applications in front of us and it was simple that they would listen, we want the implementation of the constitution, the Supreme Court will not tolerate any violation of the constitution by the minister, there are two applications, they are out dated now. And this needs clarification.
The Chief Justice said that the situation changed after the President announced the election date on February 20, some questions have been added by the speakers of both the assemblies in their petitions, the Supreme Court has only to see the constitutional point and implement it. , the issue of injunctions needs clarification, we intend to listen to all of you, we have canceled the schedule for next week to run this case.
Justice Jamal Mandukhel said that I have some reservations regarding the spontaneous notice, we have before us the requests of the speakers of two assemblies, this spontaneous notice was taken on the note of Justice Ijazul Ahsan and Justice Mazahir Ali Akbar Naqvi, in this case the Chief Election Commissioner has also been called which is not a party.
The Attorney General pleaded for time for the case and said that if so many people notice, it will be difficult to prepare for tomorrow.
The Chief Justice said that tomorrow we will be limited to only a few essential matters, we will hear the case in detail on Monday, Article 224 says that elections will be held in 90 days.
The Attorney General said that there are constitutional questions before the court, the Advocate General should be notified, the political parties should also be notified, the Pakistan Bar Council should also be notified.
The Chief Justice of Pakistan said that tomorrow all the parties will be told the issues and will be given time to prepare. Lawyer Azhar Siddique said that the records of the High Court should be called for.
Justice Athar Minullah raised questions about the power to dissolve the assembly
Property should also be reviewed whether the Chief Minister can break the assembly on the instructions of the political leader. The people had given a mandate of five years to the representatives, it must be seen whether the Chief Minister used the right to dissolve the assembly?
Justice Mansoor Ali Shah said that it is possible that after reviewing the records, the court came to the conclusion that the assembly was dissolved wrongly, it is possible that the decision to restore the assembly may be restored by reaching the conclusion of misuse of the power to dissolve the assembly. Let this crisis end.
At the end of the hearing, the court said that two petitions were filed before us, in which it was said that the announcement of the date of the elections had failed. Before the petition of the speakers was filed, there was a correspondence between the President and the Election Commission, February 22. The President of the State gave the date of elections. The President of the State gave the date of elections on April 9.
The court said that the Lahore High Court asked the Election Commission to give a date in consultation with the Governor. The Election Commission and the Governor filed appeals against the order of the High Court. The same case will be heard in the Peshawar High Court on February 28. The assemblies will be dissolved. Even after six weeks, the issue of the date of elections is pending in the courts while the constitution calls for elections within ninety days.
The court said that on the bench’s request on February 22, it exercised the power of suo motu notice, three questions will be determined in the suo motu notice. The court issued 27-A notices to the Attorney General Pakistan Advocate Generals.
Justice Muneeb Akhtar said that political parties form the government in a democracy. Justice Athar said that there is approval for the request of the High Court Bar? On which Shoaib Shaheen said that the resolution has been approved by ten to one, the election order will not be against any political party, this request is not against anyone.
Barrister Ali Zafar said that let the parties come and tell whether they want an election or not. Justice Munib said that the issue here is that how will the dissolution of the assembly and the general elections be held? In the case of Speaker Ruling-Self-Notice, notice was given to political parties in Parliament, the present case is different from Speaker Ruling.
The court said that according to the constitution, the elections are to be held within 90 days after the dissolution of the assemblies. In the notice itself, some questions were raised related to Election Commission Act 27 and 28. Justice Athar Minullah’s question will be included in these questions. .
The court adjourned the hearing of the case till tomorrow.
