- Court issues notices to major political parties, ECP
- CJP says to determine who has responsibility, authority to announce polls date
ISLAMABAD: The chief justice of Pakistan Thursday made it clear the Supreme Court will not tolerate violation of the Constitution and issued notices to all major political parties in suo moto hearing to determine who has the responsibility and authority to announce the date for elections to Punjab and Khyber Pakhtunkhwa provinces.
A nine-member larger bench of apex judicial forum led by Justice Umar Ata Bandial commenced a suo motu hearing. The bench presided over the case consists of justices – Ijazul Ahsan, Syed Mansoor Ali Shah, Munib Akhtar, Yahya Afridi, Mazahar Ali Akbar Naqvi, Jamal Khan Mandokhail, Muhammad Ali Mazhar, and Athar Minallah.
The court issued notice to all major political parties, seeking their points of view in the case and put off the suo motu hearing for elections to Punjab and KP assemblies till 11am on Friday (today).
The court also served notices to the Election Commission of Pakistan and the Attorney General.
The hearing ensued President Dr Arif Alvi’s announcement of April 9 as the election date in both provinces, which he made unilaterally after the Election Commission of Pakistan (ECP) rejected his request for consultations on the matter.
Justice Bandial opened the hearing with a statement his court must examine three things and emphasized that time was running out for provincial elections.
Barrister Ali Zafar took the stand and sought to bring “things related to the president on record,” to which the judge responded that President Alvi had announced the election date under Section 57 of the Elections Act, 2017.
Zafar pleaded to hear their request, but the chief justice reiterated that the court had three issues to consider. He referred to the Lahore High Court’s (LHC) order of February 10, which directed the ECP to hold polls immediately, and said the court had several factors to consider.
At one point, Attorney General for Pakistan Shehzad Elahi requested time from the court. He said that issuing notices to so many people would make it difficult to prepare for the next day’s hearing. The judge responded the court would restrict itself to essential issues and hold a detailed hearing on Monday.
The chief justice stated that a suo motu notice was taken due to several factors, and that prolonged proceedings were underway in the high court while time was passing by.
“The President has announced election under section 57,” Chief Justice Bandial said. “We have three issues before us,” CJP said. “It has to be seen, who has been authorized to announce the election date after dissolution of assemblies,” he further said. “We had Feb 10 order of the high court and several other factors before us,” the top judge added.
“We want compliance of the constitution and could not tolerate its violation at any cost,” Justice Bandial further said.
Justice Jamal Mandokhel and Justice Athar Minallah objected over constitution of the bench. “I have reservations over the suo moto notice,” Justice Mandokhel said. “Justice Mazahir Ali Naqvi was the member of the bench in which the Chief Election Commissioner was summoned,” he further said.
“Suo moto notice was taken on the note of Justice Ijazul Ahsan and Justice Mazahir Naqvi,” Justice Jamal said. “The CEC was summoned in the case, while he was not a party,” Justice Mandokhel added.
Then the CJP said that the suo moto notice was taken later, earlier speakers’ petitions were filed. “The constitution gives fixed time for elections, which is coming to an end,” Justice Bandial observed. “The high court’s forum can be bypassed in case of emergency,” he said.
“It was easy for the supreme court to fix two filed petitions for hearing. Section 57 related to the date of elections. Several new points have come before us, which required interpretation,” he further said.
“After announcement of election date by the president the situation has changed. The speakers of two assemblies have added some questions in their petitions. The supreme court has to consider the constitutional points and to ensure its implementation,” Justice Bandial said.
“The elections issue needs clarification, we want to hear all. We have cancelled our next week’s schedule to proceed over this case,” he said.
Attorney General while pleading for time for the case said, preparation for tomorrow will be difficult if so many people will be put on notice.
“Tomorrow, we will be restricted to some necessary points, while detailed hearing will be conducted from Monday,” CJP said. “Article 224 asks for election within 90 days, the time is rapidly passing. The matter was pending in the high court but remain undecided. In view of limited time, we could not conduct long hearing of the matter,” chief justice said.
“In case of extremely serious situation, elections time could be extended. We have to look whether the constitution being implemented,” he said.
