ISLAMABAD: The Supreme Court has indefinitely adjourned the hearing on the Election Commission of Pakistan’s (ECP) petition against the order to hold elections in Punjab on May 14 when the Supreme Court was told that the review of the Spontaneous Notice The law has arrived. power
The Supreme Court Review of Judgments and Orders Bill 2023 came into effect on Friday after the assent of President Arif Alvi. The law says that to review the default judgment, a larger bench – which issued the order – will hear the case.
“In case of judgments and orders of the Supreme Court in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review, both on facts and in law, shall be the same as an appeal under Article 185 of the Constitution,” the law reads.
A three-member bench headed by Chief Justice of Pakistan Umar Atta Bandial and comprising Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar heard the petition.
This is the same bench that issued the judgment on April 4 – under Article 184 (3) or Somoto Law. It directed the commission to hold elections in Punjab in mid-May and ordered the federal and Punjab governments to extend support to the ECP.
Despite the Supreme Court’s order, the federal government showed its inability to provide funds to the Election Commission and the armed forces said they could not provide security due to the ongoing law and order situation.
So despite the existence of the order, polling did not take place on May 14.
‘Retrospective effect’
At the beginning of today’s hearing, Attorney General for Pakistan Mansoor Usman Awan told the court that the law to challenge the automatic notice has come into force.
He added that under Section 2 of the new law, appeals can be made against orders issued under Article 184 (3).
He said that this law will have retrospective effect, to which Justice Akhtar said that is why ECP’s lawyer Sujeel Swati is smiling.
Responding to the AGP, Chief Justice Bandyal said the situation is interesting. He further said that the court understands the need to review the notice itself.
Through the Supreme Court (Practice and Procedure) Act, 2023, the government created a new “judicial jurisdiction”, the chief justice noted, adding that the rulers tried to interfere in the administrative affairs of the court.
“But I am happy that this law [Revision Act] only deals with Article 184(3).”
The chief justice added that “everyone” should reconsider their stand.
“After the events of May 9, try to find a silver lining. Try to end differences. Try to bring balance and peace to the system and conduct elections through proper procedures.
‘The court did not invalidate the commission’
Going forward, the Chief Justice told the Attorney General that he would have read the judgment of the court in the Audio Leaks Commission case. Chief Justice Banedel remarked that remember the court did not annul the commission.
It may be noted that the Supreme Court on Friday stayed the proceedings of the high-powered judicial commission set up to probe the audio leaks related to the judiciary, as well as the federal government’s notification of the formation of the commission.
When Justice Qazi Faiz Isa resumed proceedings of the Audio Leaks Commission the next day, he questioned the Supreme Court’s order to stop the judicial panel from functioning.
Today, Chief Justice Bandyal said that the court has to protect the independence of the judiciary.
The late judge remarked that holding secret meetings would not work.
He said that it is a historical accident that there is only one Chief Justice.
The Chief Justice said that the court saw the notifications of the Memogate Commission, the Abbottabad Commission and the commission formed in the Shahzad Saleem murder case. He said that all judicial commissions are formed by the will of the Chief Justice.
If you want to investigate something, it should be done through proper procedures. I will not form a commission consisting of myself,” he added.
The top judge also ordered a probe by another judge, saying “this political temperature will not improve the economy and law and order”.
