ISLAMABAD: The 9-member larger bench of the Supreme Court constituted to hear the automatic notices related to elections in Khyber Pakhtunkhwa and Punjab has been dissolved and a new 5-member bench will hear the case.
The bench was reconstituted after Justice Ijazul Ahsan, Justice Syed Mazahir Ali Akbar Naqvi, Justice Athar Manullah and Justice Yahya Afridi withdrew from hearing the case.
The hearing of the case was scheduled to begin at 11 am today, but the hearing was delayed due to the formation of the bench in light of the Supreme Court’s order for the February 23 hearing.
The written order was released on the website of the Supreme Court, which included dissenting notes by Justice Afridi, Justice Minullah, Justice Jamal Khan Mandukhel and Justice Syed Mansoor Ali Shah.
After which the 5-member bench headed by Chief Justice Umar Atta Bandyal and comprising Justice Muneeb Akhtar, Justice Mohammad Ali Mazhar, Justice Shah and Justice Mandukhel resumed the hearing.
When the hearing began, Chief Justice Bandyal said that four judges had recused themselves from the bench.
The Chief Justice said that the remaining bench of the court will continue to hear the case. He added that the court will continue hearing the case to interpret the constitution.
The Chief Justice also noted that he cannot issue the written order until it is published on the website. He said that Justice Mandukhel’s dissenting note was shared on social media before the written order was issued.
The Chief Justice said that we will be careful that this does not happen in the future.
The court then directed Barrister Ali Zafar, counsel for the Speakers of the Punjab and Khyber Pakhtunkhwa Assemblies, to argue whether the court should hear the case or not.
Can the court hear this case or not? The Chief Justice said that in any case the case has to be completed tomorrow.
On this, the lawyer of Pakistan People’s Party (PPP) intervened and said that the ruling parties have filed a request for the establishment of a full court.
The Chief Justice remarked that he will decide after hearing all the applications.
After which, lawyer Zafar, who represented the speakers, started his arguments and said that the Chief Minister of Punjab has sent the summary of dissolution of the assembly to the governor.
Zafar said that the governor was bound to dissolve the assembly but he did not do so and after 48 hours of his refusal, the assembly was automatically dissolved.
The lawyer said that no constitutional officer can delay the election for more than 90 days. In Punjab, the 90-day period began on January 14.
“Who Appoints the Governor?” Justice Mazhar asked the question.
On this, Zafar said that the governor is appointed after the approval of the president.
On which Justice Mazhar remarked that there is a difference between the dissolution of the assembly by the governor and the dissolution itself after the completion of the constitutional term.
Justice Mandukhel inquired that whose job is to decide the date of elections?
On this, Zafar said that notice has been taken automatically regarding the date of elections.
Justice Mazhar remarked that ‘there is no provision in the constitution which justifies the delay of elections beyond a period of 90 days.
Can the elections be delayed due to anyone? he asked.
On this, Zafar said that no one can delay the elections.
Justice Mazhar said that Governor Punjab threw the ball in the court of Election Commission of Pakistan (ECP).
