ISLAMABAD: Amidst the demand for a full court in the Supreme Court and the removal of two judges from the bench, the hearing of the automatic notice date of the Punjab and Khyber Pakhtunkhwa elections will resume today.
According to the supplementary cause list issued by the Supreme Court today, there has been no change in the bench hearing the case related to the delay in elections in Punjab and Khyber Pakhtunkhwa.
The 9-member bench headed by Chief Justice Justice Umar Atta Bandial includes Justice Ijaz-ul-Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandukhel, Justice Muhammad Ali Mazhar and Justice Retired. . Athar Min Allah
On Saturday, Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP) and Jamiat Ulema-e-Islam (JUI-F) filed a Civil Miscellaneous Petition (CMA) in the Supreme Court. In which it was requested that a full bench be constituted. Besides all the 15 judges, Justice Ejaz-ul-Ahsan and Justice Mazahir Ali Akbar Naqvi have been demanded to be removed from the bench.
However, interestingly, the three parties are not mentioned in the cause list which means that the court has not charged them yet.
Instead, the list mentions two petitioners — the Islamabad High Court Bar Association (IHCBA) and the Speakers of both the Assemblies, who want the announcement of the date for holding the elections.
In its first hearing, the court had issued notices to the Attorney General of Pakistan, PDM parties, Advocate Generals of all provinces including Advocate General of Islamabad Capital Territory, Chief Secretaries of Punjab and Khyber Pakhtunkhwa and others.
The court did not issue notices to the governors of Punjab and Khyber Pakhtunkhwa as they enjoy constitutional immunity under Article 248 of the Constitution. However, the court in its order said that if they consider, they can register their position.
It should be noted that immediately during the initial hearing of the case, Chief Justice Bandyal had remarked that the IHCBA and the Speakers of the Punjab and Khyber Pakhtunkhwa Assemblies had filed constitutional petitions in which the constitutional authorities for holding elections in the two provinces. was directed. With the argument that according to Article 224 of the Constitution, elections should be held within 90 days after the dissolution of both the assemblies.
The Chief Justice remarked that he has to protect the Constitution, all constitutional institutions are bound to implement the Constitution.
Similarly, after taking suo motu notice of the case and constituting a nine-member bench, the Chief Justice referred the questions to the bench for consideration as to who has the constitutional responsibility and authority to announce the date of holding the general elections of the provincial assembly. ? Upon its dissolution.
It remains to be seen how the court will decide on this constitutional issue and whether it will consider the demand of the three coalition parties to constitute a bench comprising all judges of the Supreme Court. To withdraw Justice Ahsan and Justice Naqvi from the nine-member bench.
