SC issues notices to AGP, others in case over polls delay | The Express Tribune

The Supreme Court on Thursday issued notices to the attorney general of Pakistan (AGP) and others in the suo moto case related to the delay in holding polls in Punjab and Khyber-Pakhtunkhwa (K-P).

A nine-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial began hearing the matter of the delay in holding polls in the two provinces today.

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.

As the proceedings commenced, the CJP stated that the court had to hear three cases regarding the matter, adding that the president of Pakistan had announced the election date.

He furthered that the court had little time and that time for the polls was running out.

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Pakistan Tehreek-e-Insaf (PTI)’s counsel Barrister Ali Zafar came to the rostrum to “bring things on record related to the president”.

The CJP noted that “the petitions [filed in the case] are now outdated and need clarification”, adding that the situation changed after the president announced the election date on February 20.

He maintained that questions were added by the speakers of both provincial assemblies in their petitions. “The Supreme Court only has to see the constitutional point and implement it,” he stated.

AGP Shehzad Ata Elahi requested time for the case, maintaining that it would be difficult to prepare for the matter by tomorrow if many people were issued notices.

“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 the chief justice could not hold a long hearing due to a lack of time.

Lawyer Shoaib Shaheen maintained that “everyone would benefit if the decision to hold elections was taken”. To this, Justice Minallah stated that all parties would benefit from a court decision.

“This is a time-bound case where there is an issue of holding elections,” Advocate Shaheen said.

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Discussing the doubts in the case, Justice Minallah noted that the first question would be if the assembly was dissolved under the Constitution or not. “The second is whether the assembly should also look at Article 184(3) of the Constitution,” he added.

Justice Syed Mansoor Ali Shah questioned if the assemblies could be restored if they were dissolved without reasons in violation of the Constitution.

CJP Bandial said these questions would be added for the adjudication of this matter and maintained that the president announced elections under Section 57 of the Constitution.

Barrister Ali Zafar said that the PTI’s application was pending and should also be heard. To this, the CJP said the apex court had three cases before it.

Justice Jamal Khan Mandokhail expressed serious reservations over the invoking of suo motu jurisdiction on the suggestion of two members of the bench regarding the announcement of elections in Punjab and K-P.

He read his written note wherein he referred to the audio leaks regarding the fixation of the case before a particular bench or judge.

Meanwhile, the larger bench issued notices to the AGP, all advocate generals, the Pakistan Bar Council vice chairman and the PDM parties.

The court adjourned the hearing for the case till tomorrow (Friday).

As the election process remains virtually paralysed by tensions between the stakeholders who disagree on the electoral law, CJP Bandial stepped in and took suo motu notice of the delay in holding polls in Punjab and K-P.

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Last week, a division bench of the Supreme Court had referred the matter to the CJP for invoking suo motu jurisdiction, warning that there was an imminent danger of violation of the Constitution.

Hearing a petition filed by Ghulam Mehmood Dogar, who had been repatriated to the federal government, the court had stressed that it was refraining from passing an order on the election matter because it was not before the bench.

The development came as the vote became complicated by a deepening rift between rival political parties – mainly the PTI and the Pakistan Democratic Movement (PDM) – and an ‘imbroglio of indecision’ roiling the prolonged consultations between the Election Commission of Pakistan (ECP) and the relevant authorities.