Islamabad: The Supreme Court on Thursday issued notices to the Federal Government, Attorney General, Election Commission, Advocate Generals of the four provinces and Advocate General of Islamabad Capital Territory on the suo motu notice taken for the delay in the elections in Punjab. and Khyber Pakhtunkhwa.
The case was heard by a nine-member larger bench headed by Chief Justice of Pakistan Justice Umar Atta Bandial. Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Mazhar Ali Naqvi, Justice Muhammad Ali Mazhar, Justice Yahya Khan Afridi, Justice Mansoor Ali Shah, Justice Athar Manullah and Justice Jamal Khan Mandukhel were also included in the bench.
Justice Jamal Khan Mandokel expressed reservations over the invocation of suo motu jurisdiction in light of the delay in announcing the dates for the Punjab and Khyber Pakhtunkhwa Assemblies elections, saying it was not “justifiable”.
While the other two judges included in the bench, Justice Syed Mansoor Ali Shah and Justice Athar Manullah, raised questions on the dissolution of the assemblies. According to Justice Athar Minullah, the people of this country elect their representatives in the Parliament for five years.
“It remains to be seen whether the constitution dissolves the provincial assemblies of Punjab and Khyber Pakhtunkhwa? Consequently, if they violate the constitution, it becomes a constitutional issue.”
Similarly, regarding the dissolution of provincial assemblies, Justice Syed Mansoor Ali Shah said that the court should investigate whether the chief minister of a province can act on the instructions of the leader of a political party.
The judge questioned how the assemblies could be dissolved on the instructions of an individual, adding that the court should also investigate whether the assemblies were dissolved in violation of the constitution and why they were not reinstated after resolving the issue. could go
Chief Justice Umar Atta Bandial while issuing the injunction said that the reservations of Justice Jamal Khan Mandukhel and the questions raised by Justice Syed Mansoor Ali Shah and Athar Manullah will be included in the court order.
The court also issued notices to the members of the Pakistan Democratic Movement (PDM), the governments of Punjab and Khyber Pakhtunkhwa through their respective chief secretaries, the Pakistan Bar Council and the Supreme Court Bar Association for Friday.
The court did not issue notice to the President or the Governors of Punjab and Khyber Pakhtunkhwa as they are protected under Article 248 of the Constitution.
The court in its order said that if the president and governor want, they can also file their case in the court.
In the order, the Chief Justice also said that two petitions were filed in the court, one by the Islamabad High Court Bar Association and the other by the Speakers of the Provincial Assemblies of Punjab and Khyber Pakhtunkhwa requesting that the court direct the constitutional authorities. . regarding the holding of elections in the two provinces, arguing that under Article 224 of the Constitution elections must be held within 90 days after the dissolution of the assemblies.
The court noted that under Section 57(1) of the Election Act, 2017, the President had recently announced the dates of April 9 for holding the elections to both the provincial assemblies.
The court in its order said that the proceedings of the matter are still pending in the Lahore and Peshawar High Courts and the Lahore High Court has directed the Election Commission of Pakistan to announce the date of the Punjab election after consulting the Governor.
The court noted that both the Election Commission and the Punjab Governor had challenged the order through an intra-court appeal that the matter was scheduled before the Lahore High Court on February 21, 2023 and issued notices on February 27 after hearing the matter. were gone .
Similarly, the court noted in its order that the Peshawar High Court proceedings were scheduled for February 28, 2023, when the ECP filed its report.
In its order, the court said that “despite the passage of six weeks after the dissolution of the assemblies, the matter of fixing the dates of the elections of the two provincial assemblies is subordinate.” Elections need to be held. Within 90 days of dissolution.
In these circumstances, a bench of the Supreme Court referred the case to the office for suo motu notice, which was issued on February 22.
Earlier, during the hearing, the Chief Justice said that “it will be determined who has the authority to give the date of the election through immediate action”.
The Chief Justice made it clear that the court will not tolerate violation of the constitution. Thus, the court is dealing with this critical issue on an urgent basis.
The Chief Justice said that a notice is being issued to the Attorney General to assist the court on this important matter.
Barrister Ali Zafar, the lawyer of the two provincial speakers, said that they wanted to raise some issues related to the President.
The Chief Justice said that violation of the Constitution will not be tolerated in any case and said that the proceedings will not be prolonged due to lack of time.
“We have some tough schedules in the coming days, so we want to wrap up these proceedings as soon as possible as they are important constitutional matters,” the chief justice noted. He then asked the parties to prepare their arguments for the next hearing.
During the hearing, Justice Jamal Khan Mandukhel expressed reservations about taking spontaneous notice of the matter.
According to the judge, the court had two petitions on the matter, including the petitions of the speakers of the two assemblies. He said that this automatic notice was issued on the recommendation of Justice Ijaz-ul-Ahsan and Justice Mazhar Naqvi, adding that the Chief Election Commissioner was summoned in the case of Lahore Police Chief Ghulam Mohammad Dogar, who is not a party in the case. were
Justice Mandukhel also said that three audio recordings have come to light, one of which revealed that Abid Zuberi was allegedly talking to Ghulam Mehmood Dogar.
“This is a very serious issue,” the judge noted, adding that under the circumstances, it does not qualify as a somoto case.
Justice Athar Minullah said that the court is currently debating the constitutional provisions in the instant case, adding that he would inquire whether the assemblies were dissolved under the constitution and whether the court was allowed to do so under Article 184 of the constitution. 3) should be investigated under The Chief Justice said that the Speakers of both the Assemblies have included some questions in their petitions.
The Chief Justice said that we are concerned about the constitutional requirement regarding the conduct of elections and want to ensure its implementation.
Meanwhile, Attorney General Shahzad Ata Elahi requested the court to give him time to prepare before the court’s assistance.
The Chief Justice informed the AG that the court will not hold a detailed hearing on Friday (today), but instead focus on some important matters, which will be heard in detail next week.
According to the Chief Justice, the court will also consider whether other stakeholders, including political parties, should be invited to give their opinion on this important issue.
On this occasion, President of Islamabad High Court Bar Association and petitioner Shoaib Shaheen took a stand that if political parties get involved, the case may drag on.
He claimed that it was a time-bound case involving the constitutional obligation to ensure elections as per the requirements of the Constitution.
On this occasion, another member of the bench, Justice Muneeb Akhtar, said that all political parties should be heard because they form the government in a democracy.
At the beginning of the hearing, Advocate Azhar Siddique appeared to seek the records of the High Court through a video link from the Lahore Registry. The Chief Justice said that the court is only issuing the notice today, after the notice is issued, the hearing of the case will be adjourned till Friday.
