ISLAMABAD
\nChief Justice of Pakistan (CJP) Justice Umar Ata Bandial while declaring that Supreme Court will not tolerate any violation of the Constitution has remarked that elections could only be deferred if the situation was extremely dire.
\nThe CJP\u2019s observation came while hearing of the suo motu notice about an apparent delay in the elections for Punjab and Khyber Pakhtunkhwa assemblies by a nine-judge larger bench of the Supreme Court.
\nOther than the CJP, the bench included Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah.
\nThe CJP others further said that the apex court only analyses the constitutional aspect and wants its implementation. The court issued notice to the President, federal, Punjab, and KP governments, provincial governors, attorney general, advocate generals, all institutions linked to the elections, PBC vice chairman and all PDM parties.
\nOn Wednesday, CJP Justice Bandial took suo motu notice over the delay in annoucnement of the election date, saying the questions which the nine-member bench will answer are: who will give the election date upon the dissolution of an assembly?; when and how the constitutional power of giving date for elections has to be exercised, and lastly what are the responsibilities of both Center and provinces with respect to holding general elections?
\nAt the outset of the proceedings, Justice Bandial noted that the court had to look into three things and maintained that the time for provincial elections was running out. CJP Bandial remarked that there were three questions whose answers the SC was seeking. \u201cArticle 224 of the constitution says elections should be held within 90 days of the dissolution of an assembly,\u201d he said, and added, \u201cThe time is passing rapidly.
\nThe president has announced the date for elections in two provinces under section 57 of the Election Act. But there are ambiguities in the section. We have to determine who has the power to give the election date following the dissolution of an assembly.\u201d
\nHere, Barrister Ali Zafar took the rostrum and said that he wanted to bring \u201cthings related to the president on record\u201d. Meanwhile, the CJP stated that President Arif Alvi had announced the date for elections under Section 57 (notification of election programme) of the Elections Act, 2017. Ali Zafar, counsel for the PTI, said that one of the party\u2019s petition was pending; therefore it should also be heard along with the main petition.
\nHowever, the top judge reiterated that the court had three matters to look into. \u201cWe have to see who has the authority to give the election date after the dissolution of the assemblies. The high court\u2019s Feb 10 order was in front of us,\u201d he said, adding that the court had a lot of factors in front of it. At one point during the hearing, the attorney general sought time from the court in the case. \u201cIf notices are issued to so many people, it will be difficult to prepare for tomorrow\u2019s hearing,\u201d he said.
\nAt that, the CJP said that the court will restrict itself to essential things tomorrow (Friday), adding the detailed hearing will be held on Monday (February 27). He went on to say that a suo motu case was taken due to a number of factors. \u201cProlonged proceedings are underway in the high court but time is passing by,\u201d he added.
\nJustice Bandial observed that the Constitution decides the time for elections which is ending. \u201cThe high court\u2019s forum can be bypassed if there is an emergency. It was easier for us to fix two petitions \u2014 filed in the SC by the provincial assembly speakers \u2014 for hearing.\u201d
\n\u201cSection 57 deals with the date of elections,\u201d he stated, pointing out that several new points had emerged in the case that needed to be explained. The CJP further asserted that the Supreme Court will not tolerate the violation of the Constitution. \u201cIf there is a very serious situation, the time for elections can be extended. But we have to see if the Constitution is being implemented.\u201d
\nMoreover, the CJP highlighted that after President Alvi\u2019s announcement of the election date, the situation changed. \u201cThe Supreme Court only has to see the constitutional point and implement it.\u201d He observed that elaboration was needed on the issue of elections and assured all the parties that the court would listen to their arguments. \u201cWe have suspended our schedule for the next week so that we can hear this case,\u201d Justice Bandial said.
\nAt one point during the hearing, Justice Mandokhail and Justice Minallah raised some reservations regarding the suo motu notice taken by the CJP on the matter.
\nRaising objections to the suo motu notice taken by the apex court, Justice Jamal Khan Mandokhel said he had reservations over it. \u201cIn my opinion, the court should not have taken suo motu notice of delay in the elections,\u201d he said.
\nCJP Bandial remarked that the SC took notice only after the speakers had filed petitions. \u201cThe suo motu notice was taken on the note of Justice Naqvi and Justice Ahsan,\u201d Justice Mandokhail said, referring to SC\u2019s proceedings regarding the transfer of Lahore police chief Ghulam Mehmood Dogar. \u201cIn that case, the chief election commissioner, who was not a respondent, was summoned,\u201d Justice Mandokhail noted.
\nJustice Athar Minallah also showed his reservations. \u201cWhat breach of the Constitution was committed that the suo motu notice was taken?\u201d he questioned. The chief justice said the apex court would take all these reservations into account before giving its judgement.
\nAhead of the hearing, the Pakistan Bar Council (PBC) said that CJP Bandial should not exclude Justice Qazi Faez Isa and Justice Sardar Tariq Masood from the bench constituted to hear the case to \u201cmake its (bench\u2019s) image impartial and neutral\u201d.
\nIn a press release issued by PBC Executive Council Chairman Hassan Raza Pasha and Vice-Chairman Haroonur Rashid, the PBC said their inclusion was necessary so that the \u201cpublic and lawyers\u2019 community may not question upon the bench for hearing of important matter in respect of the determination of constitutional responsibility and authority\u201d.
\nThe PBC also called upon Justice Naqvi to \u201cvoluntarily recuse\u201d himself from the bench, \u201cwhich the propriety demands from him\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial while declaring that Supreme Court will not tolerate any violation of the Constitution has remarked that elections could only be deferred if the situation was extremely dire. The CJP\u2019s observation came while hearing of the suo motu notice about an apparent delay in the elections […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-315589","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n