The apex court has reserved the verdict after hearing lengthy arguments of both sides while hearing the suo motu taken for delay in date for elections in Punjab and Khyber Pakhtunkhwa.
ISLAMABAD: (UrduPoint/Pakistan Point News-Feb 28th, 2023) The Supreme Court of Pakistan on Tuesday would announce the verdict on suo motu notice taken about delay in dates for elections in Punjab and Khyber Pakhtunkhwa.
A SC five-member bench led by Chief Justice Umar Ata Bandial reserved the verdict after hearing lengthy arguments of both sides. Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Shah and Justice Mandokhail were the other members of the bench.
The top court had earlier in the day directed the political parties to hold consultations over the date for elections in Punjab and Khyber Pakhtunkhwa.
The bench directed the PTI leaders including Fawad Chaudhary and Shireen Mazari for consultation with party chairman, Imran Khan, and legal team of the ruling coalition to consult with their leaders on the election date.
The development took place after the three ruling parties – PML-N, PPP and JUI-F – withdrew the plea seeking formation of the full bench to hear the suo motu case as the four judges recused themselves from the bench. Justice Ijazul Ahsan, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah and Justice Athar Minallah were the judges who recused themselves from hearing of the matter.
Farooq H Naek while withdrawing the petition submitted that the ruling partners did not want to pursue the plea.
Justice Mansoor observed that the political parties should think about the country instead of indulging in the legal battle.
Last week, the Supreme Court of Pakistan had observed that the violation of the Constitution would not be tolerated. 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 decide 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 judges to listen to the viewpoint of all concerned.
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 remarked 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.
