Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP) and Jamat-e-Ulema Islami-Fazl (JUI-F) on Saturday requested the Supreme Court (SC) to constitute a full bench to hear the suo moto proceedings of election date for Punjab and Khyber-Pakhtunkhwa (KP).
However, as per their request, the three parties have asked that Justice Ijaz ul Ahsan & Justice Sayyed Mazahar Ali Akbar Naqvi are excluded from the full bench.
PDM asks Justice Ahsan, Justice Naqvi to recuse themselves from SC bench
Earlier, the Pakistan Democratic Movement (PDM) coalition government has on Friday asked Supreme Court’s Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi to “recuse themselves” from a larger bench that is hearing suo motu
The request was presented in a joint statement by the Pakistan People’s Party (PPP), Pakistan Muslim League-Nawaz (PML-N) and Jamat-e-Ulema Islami-Fazl (JUI-F), read by lawyer Farooq H Naek, on behalf of the three parties when the nine-member bench resumed the hearing of the suo motu notice today.
“All three political parties respectfully request that the two-member bench’s order of suo motu notice is available. Hence, both judges should not sit on the bench in the context of the provision of justice and fair trial,” Naek told the court.
The PDM lawyer requested Justice Ijaz Ul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi to recuse themselves from the nine-member bench currently hearing the suo motu notice.
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.
Supreme Court raises questions on dissolution of Punjab and KP assemblies
Justice Athar Minallah and Justice Mansoor Ali Shah of the Supreme Court (SC) on Thursday raised questions on the dissolution of Punjab and Khyber Pakhtunkhwa assemblies.
Chief Justice of Pakistan (CJP) Umar Ata Bandial said that the SC will not tolerate the violation of the Constitution as the top court began its suo motu hearing to determine who has the constitutional responsibility to announce the date for elections of a provincial assembly.
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 January 14 and 17, respectively, and the elections have to be held in 90 days after the assembly dissolution under Article 224/2.
The SC 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 that 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 the funds for polling day.
The Chief Justice observed that elaboration was needed on the issue of elections and assured all the parties that the court would listen to their arguments.
“We have suspended our schedule for the next week so that we can hear this case,” CJP Bandial said.
CJP Bandial said that the court will restrict itself to essential things, adding that the detailed hearing of the case will be held on Monday.
CJP Bandial initiates suo motu action, constitutes nine-judge bench on Punjab, KP polls today
A nine-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial will hear the suo motu notice of an apparent delay in the elections of Punjab and Khyber Pakhtunkhwa (KP) assemblies today (Thursday).
CJP Bandial on Wednesday evening initiated a suo motu proceeding to determine who has the constitutional responsibility and authority to announce the date for elections for a provincial assembly.
The bench, headed by CJP Bandial, will consist of Justice Ijaz ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah. The case will be taken up on Thursday (today) at 2pm.
According to the apex court’s statement, the bench will assess who is eligible to issue the date for polls, the constitutional responsibility of the federation and provinces and who will fulfil the constitutional responsibility of conducting elections and when.
“It is the government’s responsibility to conduct elections in Punjab and KP according to the Constitution,” the top court’s statement read.
The Supreme Court added that the two provincial assemblies were dissolved on January 14 and 18, respectively.
“Under Article 224 (2), polls should be held within 90 days of the assembly dissolution. The Constitution mandates that polls be held within 90 days.”
The Supreme Court had taken suo motu notice on Wednesday two days after President Dr Arif Alvi fixed April 9 as polling day for the provincial assemblies.
