ISLAMABAD, Feb 23 (APP): The Supreme Court on Thursday issued notices to the Attorney General for Pakistan (AGP) and major political parties in the suo moto case related to the delay in holding polls of the provincial assemblies of Punjab and Khyber-Pakhtunkhwa.
A nine-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Yahya Khan Afridi, Justice Syed Mansoor Ali Shah, Justice Athar Minallah and Justice Jamal Khan Mandokhail heard the case.
During the course of the proceedings, CJP Bandial said the court had to look into three things, but the time for provincial assemblies’ elections was running out.
Pakistan Tehreek-e-Insaf counsel Barrister Ali Zafar said the PTI had requested the president to announce the date for the election of provincial assemblies and wanted to bring things in that regard on record.
The CJP remarked that the court had all the records before it. The Constitution made it mandatory to hold elections within 90 days, and the court also had to look into the matter of announcing the election schedule by the president.
He said the court took the suo motu notice on the issue of delay in the elections. There had also been petitions related to the delay in the elections before the Supreme Court, he added.
The CJP said the provincial assemblies had been dissolved but their election schedule was not issued yet. Section 57 of the Representation of the People Act required interpretation, he added.
CJP Bandial said the February 10 decision of the Lahore High Court was also before the court, but neither time nor the schedule of the election had been released.
Barrister Ali Zafar said the Election Commission of Pakistan refused to follow the LHC’s decision.
Upon this, the chief justice observed that it was a constitutional matter. The court had nothing to do with anyone’s point of view, and it would not tolerate the violation of the Constitution.
Addressing the AGP, the chief justice said the court had to look at the Constitution. He said the application of the Islamabad High Court Bar Association was also before the court, while the speakers of two provincial assemblies had also filed requests regarding the delay in the elections.
He said the court had to take the suo moto notice as it was a matter of public importance. It was issuing notices today.
The AGP said notices should also be issued to the Pakistan Bar Council and two political parties.
Barrister Ali Zafar said the political parties were not directly linked to the delay of elections. As it was a constitutional and straightforward matter so there was no need for notices and the court should decide the case by itself.
Justice Munib said the matter was also related to political parties and there was no problem in listening to them. As elections were fought by political parties, so they were partners in the matter.
The chief justice said the court would hear the case on daily basis and adjourned the hearing till Friday morning.
Justice Jamal Khan Mandokhail, in his note over the suo motu notice, stated that he received a file late night that the chief justice had taken a suo motu nitice on the basis of an order passed by Justice Ijaz Ul Ahsan and Justice Mazahar Ali Akbar Naqvi in the former CCPO Lahore Ghulam Mahmood Dogar transfer case. Abid S Zuberi was the counsel of Ghulam Mahmood Dogar.
He stated that the petition of Ghulam Mahmood Dogar was pending when on 16.02.2023 the members of the bench called the Chief Election Commissioner, who was not a party to the petition, and was asked about the holding of elections to the provincial assembly of Punjab.
“Irrespective of reply of the Chief Election Commissioner, Justice Ijaz Ul Ahsan and Justice Mazahar Ali Akbar Naqvi deemed it appropriate to refer the matter to the Chief Justice to take suo motu notice. The matter pertaining to election has no nexus of connection with the above mentioned service matter.”
He stated that it was noteworthy that three audio recordings came out. In one recording Abid Zuberi was reportedly talking to ex-chief minister about the pending case of Ghulam Mahmood Dogar which in his opinion was very serious. Besides the learned judges had already expressed their opinion by stating that elections were required to be held within 90 days and that there was eminent danger of violation of the Constitution.
“With the greatest respect the Chief Justice had added to the points mentioned by the two learned judges and had also expressed his opinion. Such definite opinions had decided this matter and done so without taking into consideration Article 10A of the Constitution.
“Thus in these circumstances it was not appropriate to refer the matter to the Chief Justice for taking suo motu notice under Article 184(3) of the Constitution. Suo motu action was not justified,” he concluded.
