The top court has observed that violation of the Constitution will not be tolerated.
ISLAMABAD: (UrduPoint/Pakistan Point News-Feb 23rd, 2023) The Supreme Court of Pakistan on Thursday observed that the violation of the Constitution would not be tolerated.
The top court gave these remarks while hearing suo motu notice on delay in dates for elections of Punjab and Khyber Pakhtunkhwa.
The apex court also observed that the elections in Punjab and Khyber Pakthunkhwa should be held on time.
During the proceedings, CJP Bandial observed that the bench would hear three related cases and decise who was supposed to give the elections' dates.
The CJP remarked that it was an important case and should be dealt with in line with the Constitution.
The apex court also observed that it would not tolerate violation of the constitution as the the judges to listen to the viewpoint of all concerned and salient features would be discussed on Friday.
The CJP further observed that multiple factors led the apex court to take the suo motu notice, adding that the 90-day period for conducting provincial elections was running out.
He said the matter was also pending with the Lahore High Court, adding that the high court could be bypassed in case of emergency. The CJP remarked, “We want implementation of the Constitution dictates".
Barrister Ali Zafar was representing the PTI who submitted that he wanted to bring some things related to the president’s announcement about the date for elections on the record.
At this, The CJP remarjed that Mr Alvi announced the date for elections in the provinces under Section 57 (notification of election programme) of the Elections Act 2017. He said multiple opinions had surfaced about this part of the act and it needed to be interpreted.
The attorney general of Pakistan sought time from the court for preparation in the case, submitting that it would be difficult to come up with preparation during Friday's hearing if so many notices were issued to people.
At this, the CJP remarked that the court would discuss only essential things, obsering that the detailed hearing of the case would be held on Monday next week.
He said the court wanted to wrap up the case as soon as possible and the time given by the Constitution for the election was running out.
During the hearing, Justice Mandokhail expressed some reservations regarding the suo motu notice, observing that the Punjab and KP speakers had filed their petitions before the apex court’s move.
He states that the notice was taken on the note of Justice Naqvi and Justice Ahsan who had given it during the hearing of the case pertaining to transfer of Lahore Capital City Police Officer Ghulam Mahmood Dogar.
He made it clear that the chief election commissioner was summoned in the case despite the fact that he was not a respondent.
The apex court issued notices to the Election Commission of Pakistan (ECP), President Arif Alvi, Federal, Punjab and KP governments, members of the Pakistan Democratic Movement, the Supreme Court Bar Association president, the Pakistan Bar Council vice president and others in the case.
