ISLAMABAD: Supreme Court Justice Mansoor Ali Shah on Thursday questioned the dissolution of Punjab and Khyber Pakhtunkhwa (KP) Assemblies and said, “Can this happen on someone’s dictation?”
This observation on behalf of the judge came out during the hearing of the automatic notices related to the elections of the Punjab and Khyber Pakhtunkhwa Assemblies.
A 9-member bench of the Supreme Court headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial heard the case. Besides Chief Justice and Justice Shah, Justice Ijaz Ul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandukhel, Justice Mohammad Ali Mazahar and Justice Athar Manullah are included in the bench.
During the hearing, Justice Athar Minullah remarked that it must also be seen whether the provincial assemblies are dissolved according to the constitution or not.
Earlier, at the start of the hearing, the court said that the power to date the elections after the dissolution of the assembly needed clarification.
It said that the Punjab and Khyber Pakhtunkhwa Assemblies were dissolved on January 14 and 17 respectively and under Article 224/2, elections have to be held within 90 days after the dissolution of the assembly.
The Supreme Court remarked that Governor Punjab Balighur Rehman says that he did not dissolve the Provincial Assembly on the advice of the Chief Minister.
The court remarked that it will be determined by the automatic notice case who has the authority to give the date of the election.
It said that the Election Commission of Pakistan (ECP) had also complained about not getting the required funds from the government.
“The Supreme Court will not tolerate violation of the Constitution,” remarked Chief Justice Bandyal, adding that he was issuing notices to the Attorney General of Pakistan and others.
He said that the Supreme Court wants to ensure the conduct of elections according to the constitution.
PBC raises questions on formation of bench
Before the hearing, the Pakistan Bar Council (PBC) raised objections to the constitution of the bench.
“The Supreme Court should add nine senior-most judges to the bench,” said PBC, adding Justice Qazi Faiz Isa and Justice Sardar Tariq Masood.
The inclusion of these two judges will ensure the impartiality of the bench.
“We expect Justice Syed Mazahar Ali Akbar Naqvi to voluntarily recuse himself from the bench,” PBC said.
What is the notice?
The Supreme Court had taken suo motu notice a day earlier when President Dr Arif Alvi earlier this week set the date for the provincial assembly elections to April 9 – a move condemned by the government as “unconstitutional”. and declared illegal”.
Meanwhile, the Election Commission of Pakistan (ECP) has also sought information from the Attorney General of Pakistan (AGP) and other legal experts – but no official announcement has been made yet.
On February 16, in the Lahore Capital City Police Officer (CCPO) Ghulam Mahmood Dogar case, a two-member bench of the Supreme Court, comprising Justice Ahsan and Justice Naqvi, referred the issue of delay in elections to the Chief Justice.
According to the statement of the Supreme Court, the bench will examine who is qualified to issue the date of elections, who is the constitutional responsibility of the federation and the provinces and who will fulfill the constitutional responsibility of conducting elections and when.
The statement of the Supreme Court said that it is the responsibility of the government to conduct elections in accordance with the constitution in Punjab and KP.
The Supreme Court further said that both the provincial assemblies were dissolved on January 14 and 18 respectively.
Under Article 224 (2), elections should be held within 90 days of the dissolution of the Assembly. The constitution mandates that elections be held within 90 days.
The Supreme Court of the country also said that it has received requests for the dates of the elections from the Islamabad High Court Bar and the Speakers of the KP and Punjab Assemblies.
