ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Atta Bandial on Monday clarified that the “circular” issued by the Supreme Court did not nullify the order of the bench headed by Justice Qazi Faiz Isa.
The Chief Justice’s remarks came on Monday when he resumed the hearing of the election delay case after the federal government reconstituted the bench to hear the case without the judges hearing the automatic notice of election. The application was filed.
Attorney General for Pakistan Mansoor Usman Awan filed a separate petition in the Supreme Court before the hearing of the writ petition challenging the order of the Election Commission of Pakistan (ECP) along with a suo motu notice. Decision to postpone Punjab election till October 8
The bench is headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial and comprises Justice Muneeb Akhtar and Justice Ijazul Ahsan.
The petition filed by the Federation has requested the Supreme Court to dismiss the election delay case in view of the March 01 majority (4-3) order/decision.
In the application, it was said that in the light of the order of Justice Qazi Faiz Isa, the proceedings on the urgent application should be postponed, all the proceedings of the automatic notice case should be postponed.
“This Hon’ble Bench, in view of the submissions made in paragraphs 11 and 12, may waive the hearing of the instant application and a Bench comprising all the other Hon’ble Judges of this Court, who have not heard SMC No. 1/. 2023 , CPs Nos. 1 and 2 of 2023, please be constituted to decide the questions raised herein,” he requested.
Today’s hearing
At the start of the hearing, Pakistan People’s Party (PPP) counsel Farooq H. Naik came to the rostrum and requested to speak.
However, Chief Justice of Pakistan (CJP) Umar Atta Bandial asked if he was becoming a party to the case as he had announced a boycott of the proceedings.
On this, Naik told the bench that he has not yet boycotted the proceedings.
“Consult and tell us. Tell us in writing that you have not boycotted the hearing,” the chief justice said.
The PPP counsel then clarified to the court that their party had objected to the constitution of the bench and did not boycott the proceedings.
The Chief Justice remarked that there have been reports in the newspapers that the People’s Party has also boycotted.
You boycotted and came to give arguments. At the [PDM] meeting, no confidence was expressed in the bench,” Justice Muneeb Akhtar interjected.
On this, Pakistan Muslim League-Nawaz (PMLN) lawyer Akram Sheikh told the court that he has yet to withdraw the power of attorney and he has objections to the bench hearing the case. He also clarified that he has not yet boycotted the proceedings.
“There was a conference of political parties and in the last 48 hours it is being reported in the national press that a boycott has been announced. Justice Akhtar inquired that if you do not trust us, how will you give arguments.
The Chief Justice then turned to AGP Mansoor Usman Awan and asked what instructions he had received, adding that the government cannot boycott the proceedings.
The AGP replied that governments work according to the constitution and the Election Commission of Pakistan (ECP) has the power to postpone the date of elections.
However, Justice Ahsan remarked that when the Supreme Court has already given its verdict, how can the ECP change the date.
Justice Ahsan said that the decision of the Supreme Court applies to everyone including the executive.
AGP Awan then went on to discuss the Supreme Court’s March 1 order asking the President to give dates for elections in Punjab and Governor Khyber Pakhtunkhwa. He further said that the KP Governor has not yet fixed the date for the provincial assembly elections.
The law does not allow anyone to delay the elections. Only the court can postpone the election date,” replied Chief Justice Bandial. He added that in 1988 too, the court postponed the elections.
Chief Justice Bandial further said that the order being referred to has been implemented. He further said that the hearing of the Supreme Court is in the public interest and the judges differ on it.
On the other hand, Justice Ahsan said that the real problem is the ECP’s order, the court orders are being obeyed.
AGP Awan then went back to the suo motu case and said that in the “first round” a nine-member bench heard the case.
AGP Awan said, “The details of the dissenting notes of the two judges have come to light while both the judges had dismissed the petitions on the first day.”
Chief Justice Bandial then told the AGP that he had not yet come across any case in which the Chief Justice was prevented from changing the bench.
AGP said that the Peshawar case was one but the Chief Justice said that it was not a court order but a minority order.
PTI’s request rejected
Earlier, the chief justice had in a separate hearing rejected PTI leader Fawad Chaudhry’s plea to open entry points to the red zone, which had been barricaded to ensure security.
Fawad appeared before the Chief Justice and asked him to take notice of the matter, to which Justice Bandial said that the administration was taking necessary steps to maintain law and order.
‘No confidence’
The ruling coalition has expressed “no confidence” in the three-member bench and requested a full court.
The Pakistan Democratic Movement (PDM) on the other day expressed its displeasure at the bench hearing the matter.
During the previous hearing, AGP Awan as well as Pakistan Bar Council requested the court to constitute a full court to hear the matter.
However, a bench headed by the Chief Justice rejected the government’s plea.
The court summoned the finance secretary and the defense secretary today.
On Friday, the Supreme Court gave time to the AGP to submit its response to questions raised by the Election Commission on financial and security issues.
On the other hand, the PTI has criticized the government for “attacking” the constitution and the Pakistan Muslim League-Nawaz (PML-N), saying the party has tried to pressure the country’s highest court. What has been decided?
Talking to the media in Karachi on Sunday, PTI Vice Chairman Shah Mehmood Qureshi said that the ruling coalition’s decision to file a reference against three judges of the Supreme Court is a sign of putting pressure on them.
He added that it seems that the decision to file the reference has been taken.
PDM may boycott the proceedings.
Meanwhile, the lawyer representing PDM will strategize with the Attorney General in the Supreme Court at 9 am today before the hearing in the matter begins.
Jamiat Ulema-e-Islam-Fazl (JUI-F) lawyer Kamran Murtaza told JEE News that he will present arguments before the court after receiving instructions from the PDM leadership.
He said that the leadership will decide whether they should boycott the court proceedings or not.
He added that since the court had already refused to constitute a full court bench, it would be decided whether to boycott the proceedings or not.
Govt to again request for full court
Highly reliable sources told JEE News on Sunday evening that AGP Awan will submit to the three-member bench that the parties in the ruling coalition do not have confidence in the bench and therefore the matter should be taken up by a full court bench. .
In case the request is not granted by the Chief Justice, the AGP will seek to drop the case and inform the court of the ruling coalition’s decision to boycott the proceedings.
In principle, objection will be raised by the three major parties of the ruling coalition, Muslim League-N, Pakistan Peoples Party (PPP) and JUI-F.
The coalition parties of the ruling coalition requested to be admitted as defendants at the initial stage but were not accepted as parties by the court till the final hearing.
