The Supreme Court of Pakistan on Monday reserved its verdict in the case of Punjab and Khyber Pakhtunkhwa by-Election delay.
Supreme Court of Pakistan reserved its verdict after hearing arguments from Election Commission, PTI and other Government officials. The court said that it will issue the verdict tomorrow and the time regarding this would be announced later.
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While directing the Attorney General of Pakistan Mansoor Usman Awan, Chief Justice Umar Ata Bandial who was heading the three-judge bench comprising Justice Munib Akhtar and Justice Ijaz ul Ahsan said that the government and PTI should find a solution through political dialogue.
“Have a political dialogue for the Pakistani nation’s sake. Reach a political conclusion,” the chief justice said.
CJP Bandial said that Constitutional machinery exists if political dialogue doesn’t take place.
“Allegations are being made because everyone wants to fulfil political interests. They even want to choose their own judges to have their cases heard,” the chief justice remarked adding that this has never happened before.
CJP Bandial urged for patience and tolerance while stating that he respects the parliament and government.
Earlier government submitted a statement through Attorney General of Pakistan (AGP) Mansoor Awan, requesting the formation of a full court to hear the case which was ruled out by the three-member bench headed by Chief Justice of Pakistan Umar Atta Bindial.
The PDM also sought the dismissal of the PTI petition in the light of what it interpreted as a “4-3” order issued by the apex court on March 1.
The SC bench has been dissolved twice after Justice Mandukhel and Justice Aminuddin earlier excused themselves from hearing the case.
Today’s hearing
The three-member bench of Supreme Court headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijaz ul Ahsan resumed hearing into the election delay case today.
At the outset of the hearing, Chief Justice of Pakistan Justice Umar Ata Bandial asked PPP lawyer Farooq H Naek have you ended the boycott of the bench?
The PPP had objections to the formation of the bench and had not boycotted the proceedings, Naek replied to which the CJP asked, then who has boycotted the three-member bench?
The CJP denied hearing the coalition govt lawyers. During the hearing, Kamran Murtaza in his arguments said they have reservations on the bench.
“Do your consultations and tell us. Tell us in writing that you have not boycotted the hearing,” said the CJP.
The CJP then remarked that in the newspapers it has been reported that the PPP has boycotted as well.
“You have boycotted and came to present your arguments. In the [PDM] meeting, no confidence was expressed in the bench,” interjected Justice Munib Akhtar.
On this, Pakistan Muslim League-Nawaz (PML-N) lawyer Akram Sheikh told the court that they are yet to take back the power of attorney and they have objections to the bench hearing the case. He also clarified they have not boycotted the proceedings yet.
“A conference of political parties was held and in the last 48 hours in the national press, it is being stated that a boycott has been announced. If you do not have confidence in us then how can you give arguments,” asked Justice Akhtar.
The CJP then turned towards Attorney General of Pakistan Mansoor Usman Awan and asked what instructions he had gotten, adding that the government cannot boycott the proceedings.
The AGP responded that the governments operate according to the Constitution and that the ECP has the power to defer the date for the polls.
Justice Ahsan observed how can ECP change the date when the Supreme Court has made a decision.
“Supreme Court’s decision is applicable to everyone including the executive,” said Justice Ahsan.
AGP Awan then went back to the suo motu case stating that in the “first round,” a nine-member bench heard the case.
“Details of the two judges’ dissenting note have come forward while the two judges had thrown out the pleas on the first day,” stated AGP Awan.
CJP Bandial then told the AGP that he is yet to find a case in which the chief justice was barred from changing the bench.
AGP Awan then repeated that the court order for the March 1 verdict was yet to be issued.
“Are you saying that I did not form a new bench and the original one is still intact?” asked CJP Bandial adding, “Difference of opinion is part and parcel of the apex court’s proceedings; however, consultations are held as well”.
“In our opinion, the majority of the judges have rejected the suo motu notice,” said AGP Awan.
The CJP responded that the AGP was disregarding the decision of a five-member bench that had empowered the top judge to formulate benches.
The AGP stated that reservations regarding Justice Ahsan and Justice Mazahar Naqvi were in front of the court, and repeated that the current suo motu notice had been rejected by the majority of the court.
CJP Bandial stated that all judges agreed that the chief justice had the authority to form benches.
“The power exercised by the chief justice is administrative and not judicial. The case was heard on merit,” stated Justice Ahsan.
The AGP responded that Justice Athar Minallah had said that “if the chief justice wishes he can include him on the bench”.
“If the judge has stated that it’s the chief justice’s prerogative to form a bench then the argument is over,” interjected Justice Akhtar. He added that if the logic behind the 4-3 decision was accepted then the matter would go to the nine-member bench.
AGP then stated that as per the note, the reconstitution of the bench was an administrative measure, arguing that as per the note Justice Ahsan and Justice Naqvi recused themselves from the case.
The CJP then added that after the opinion of two judges a new bench was formed and the hearing was resumed.
CJP Bandial stated that the government’s lawyer had failed to convince them on this point. He also added that Justice Qazi Faez Isa’s order is not clear.
“The order of any bench of the Supreme Court applies to all,” stated AGP Awan.
Justice Munib further remarked if AGP’s stance is accepted by the SC, even then the full court cannot hear this case.
CJP Bandial asked AGP that he can plead for the formation of a larger bench to hear the case but cannot for a full court. “Full court meeting can be fruitful, but not a bench.”
The CJP further remarked that he met senior judges in the last three days. CJP Bandial also remarked harmony among judges was crucial for the Supreme Court. He said judicial proceedings were made public but consultations among judges were considered an internal matter.
The hearing has been adjourned for a while.
Security Issue
Commenting on the security issue during today’s hearing, the top judge said security is an important issue but the issue of forces is not only of Army, but it is also of Pakistan Navy and Pakistan Air Force.
“Help from Navy and Pakistan Air Force can be sought if Pakistan Army is busy in security issues,” the CJP was quoted as saying.
CJP remarked that an in-chamber hearing will be conducted if any ‘sensitive issue’ comes before the court.
Secretary Defense, Lt. General (retired) Hamoodur Zaman said the security situation in Punjab is ‘concerning’, and cannot reveal details in the open court, as it will help Pakistan’s enemy, he added.
CJP asked who will give security for the elections and added that question is how everything will be ‘good’ on 8th October.
The secretary defense said the reserve force can be summoned in an ‘extraordinary’ situation.
Govt Cannot boycott proceedings
Upon being asked by the CJP, the Attorney General of Pakistan, Mansoor Usman Awan said the government cannot boycott the court proceedings.
Government functions as per law and constitution, he added. In his arguments on the PTI’s plea, the AGP said the plea has pleaded with the SC to nullify the Election Commission of Pakistan’s (ECP) decision to postpone the election.
The PTI plea states to give the right to announce the election date in KP to the president based on the court’s decision of March 1.
However, governor KP did not give any election date until the filing of the PTI plea, he added.
PDM Show no-trust
Earlier on Saturday, the coalition parties expressed their “lack of confidence” in the three-member bench of the Supreme Court (SC) of Pakistan hearing a Pakistan Tehreek-e-Insaf (PTI) petition against the delay in elections of the Punjab Assembly.
The decision was taken during a high-level meeting of Pakistan Democratic Movement (PDM) parties, chaired by Prime Minister (PM) Shehbaz Sharif to discuss the “overall political situation of the country”, according to a statement issued by Prime Minister’s Office (PMO).
The pdm expressed a lack of confidence in the Supreme Court bench — comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Muneeb Akhtar.
Strict Security Arrangements
Strict security measures have been taken by the Islamabad administration, and police and Rangers personnel have been deployed to maintain law and order during the high-profile case hearing.
Political Parties workers including political leaders and lawyers have been barred from entering Red Zone over security concerns.
The lawyers and police officials also exchanged some unethical hot words over the denial to entry in the SC.
