- CJP says Constitution of Pakistan has knocked on door of apex judicial forum
- PML-N, PPP, JUI-F raise objection against two members of bench
ISLAMABAD: The Supreme Court on Friday decided to consider the formation of a full court bench to hear the suo motu notice case regarding the purported delay in elections to the Punjab and KP assemblies.
A nine-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and also comprising Justice Ijaz Ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah, heard the case.
During the course of proceedings, Pakistan Muslim League (Nawaz) lawyer Mansoor Awan maintained that the copy of the order had not been made available yet. To which the Chief Justice said that he was happy to see the lawyers of different parties in the court.
Advocate Farooq H Naek, counsel for the Pakistan People’s Party (PPP) prayed that a full court bench should be constituted on the matter. The chief justice observed that the apex court would determine who had the constitutional responsibility and authority to announce the date of elections after the dissolution of a provincial assembly under various circumstances under the Constitution.
Farooq H. Naek said that his client had not received any notice as he requested that notices be issued to all. He said that his client had ‘objections’ to two honourable judges of the bench, requesting that both judges should recuse themselves from the bench.
‘Objection to two judges of bench’
The JUI-F, Pakistan Muslim League (Nawaz) and Pakistan Bar Council ‘objected’ to the two judges as Farooq H. Naek read the joint statement of PML-N, Pakistan People’s Party and JUI-F in the court and prayed that the two judges ‘should not hear any case of the PML-N and JUI-F.
Farooq H. Naek said that after Justice Jamal Mandokhail’s note, those honourable two judges should recuse themselves from the bench.
During, PTI counsel Barrister Ali Zafar, JUI’s counsel Kamran Murtaza and PPP’s lawyer Farooq H. Naik appeared before the court. Likewise, PML-N’s lawyer Mansoor Awan, and the Punjab governor’s counsel Mustafa Ramde were in attendance. Attorney General Shahzad Atta Elahi and Additional Attorney General Aamir Rehman as well as other legal fraternity representatives and political leaders also attended the hearing.
Meanwhile, Awami Muslim League chief Sheikh Rasheed’s lawyer Azhar Siddique appeared through video link and said that the court should take notice of the language being used against the judiciary.
Justice Jamal Khan Mandokhail said that the question on which suo motu notice was taken was a political matter and political matters should be resolved in Parliament.
On the occasion, Justice Athar Minallah said that the matter, in his view, pertained to Article 184(3) of the Constitution — a provision that empowers the top court to intervene in matters involved in the enforcement of fundamental rights — and asked why it should not be heard in a full court. Naek replied that he did not want to go into the details, adding that he also believed that the case should be heard by a full-court bench.
At that, CJP Bandial said that the court will first discuss the admissibility of the request. He also asked if the parties had a copy of the note seeking the recusal of the judges. “This note is a part of a Supreme Court judgment which hasn’t been signed yet,” the top judge noted.
For his part, Advocate Azhar Siddique — the counsel of Awami Muslim League chief Sheikh Rashid Ahmed — demanded that the court should take notice of the language being used against the judiciary. Referring to a PML-N rally, he said that “derogatory remarks” were hurled at the judiciary in that public gathering.
Justice Mandokhail replied that political matters must be settled in the Parliament. “Go to your parties … why should the court hear this matter?” At that, Naek said that he would seek direction from his party on the matter. He also requested the court to first hear the government’s objection against the bench.
Justice Bandial said that in normal circumstances, citizens knocked on the door of the court. “But today, the Constitution of Pakistan has knocked on our doorstep.” Subsequently, the court observed that it will decide on Monday whether to form a full-court bench to hear the case. “The court will also hear the objection raised against the two judges on Monday,” CJP Bandial remarked and adjourned the hearing till Monday, 11:30am.
‘Constitute full bench for suo-motu notice hearing’
On the other, Defence Minister Khawaja Muhammad Asif on Friday requested the Supreme Court of Pakistan to constitute a full bench to hear the suo-motu notice regarding the announcement of election date for Punjab and Khyber Pakhtunkhwa assemblies.
Speaking in the National Assembly on Friday, he said it is a very important issue, which needs to find a solution to it. He said there are several important questions before the judiciary including the dissolution of the Punjab and Khyber Pakhtunkhwa Assemblies, and the answers should come.
“We have always stood for the independence of the judiciary and want to run the country in accordance with the law and constitution”, he said.
