Supreme Court (SC) on Thursday raised questions on the dissolution of Punjab and Khyber Pakhtunkhwa Assemblies.
Justice Athar Minallah and Justice Mansoor Ali Shah of the Supreme Court said Did Assemblies be dissolved on Dictation?
Earlier day Supreme Court Chief Justice of Pakistan (CJP) Umar Ata Bandial had taken Suo motu notice and formed a nine-member bench to hear the case.
The bench held its first hearing today.
During today’s hearing, Justice Athar Minallah remarked that it is to be seen whether provincial assemblies were dissolved as per the Constitution or not. While Justice Shah wondered whether the assemblies can be dissolved on someone’s dictation.
Earlier at the outset of the hearing, the court observed that the authority for giving the date of the elections after the dissolution of the assembly needs clarification.
It stated that the Punjab and Khyber Pakhtunkhwa Assemblies were dissolved on the 14th and 17th of January, respectively, and the elections have to be held 90 days after the assembly dissolution under Article 224/2
The Supreme Court remarked that Punjab Governor Baligh ur Rehman says that he has not dissolved the provincial assembly on the chief minister’s advice.
“It will be determined through the Suo motu case who has the authority to give the election date,” the court remarked.
It said that the Election Commission of Pakistan (ECP) had also complained about not getting funds for holding the polls.
“Supreme Court won’t tolerate the violation of Constitution,” CJP Bandial remarked, adding that he was issuing a notice to the attorney general for Pakistan.
He said that the Apex court wants to ensure that elections are held as per the Constitution.
The Chief Justice observed that the court had to hear three matters: the timeframe of 90 days for elections under Article 224, the president’s authority to announce the date of polls, and who had the authority to announce the date.
He said that the apex court had the 10th February order of a high court and several other factors in front of it.
At this, Barrister Ali Zafar said that they wanted to bring some matters regarding the President on record.
“Violation of the Constitution won’t be tolerated under any circumstances,” Chief Justice of Pakistan Bandial said, adding that the proceedings will not be prolonged due to lack of time.
The chief justice then directed the parties to prepare their arguments for the next hearing.
He said that the court intended to hear all the parties.
Issuance of Notice
Supreme Court of Pakistan on Thursday remarked that the violation of the Constitution would not be tolerated, saying elections in Punjab and Khyber Pakhtunkhwa should be held on time.
The apex court issued notices to the Election Commission of Pakistan (ECP), President Arif Alvi, federal, Punjab, and KP governments, members of the Pakistan Democratic Movement, the Supreme Court Bar Association president, the Pakistan Bar Council vice president, and others in the case.
At the outset, CJP Bandial said the bench would hear three related cases and determine who was supposed to give the elections’ dates. He said it was an important case and should be dealt with in line with the Constitution. The apex court, he said, would not tolerate a violation of the constitution.