Tag: suo moto

  • PPP, PML-N, JUI-F request SC to constitute full bench minus judges Ijaz ul Ahsan, Mazhar Naqvi

    PPP, PML-N, JUI-F request SC to constitute full bench minus judges Ijaz ul Ahsan, Mazhar Naqvi

    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.

     

  • ‘Bench-fixing a crime like match-fixing’: Coalition govt demands full court bench

    ‘Bench-fixing a crime like match-fixing’: Coalition govt demands full court bench

    Pakistan Muslim League-Nawaz (PML-N) Vice President Maryam Nawaz said on Monday that “bench-fixing” is a crime similar to “match-fixing” and suo motu notice should be taken over it as a “specific” anti-PML-N bench being constituted for one-sided decisions.

    “One or two judges, who have always been anti-PML-N and anti-government, are repeatedly included in the bench. Bench-fixing is a crime just like match-fixing,” said Maryam.

    In a joint press conference alongside the coalition government leaders, including Foreign Minister Bilawal Bhutto-Zardari and Jamiat-e-Ulema Islam-Fazl (JUI-F) Chief Maulana Fazlur Rehman, Maryam Nawaz said, “Institutions are insulted from within, not outside. One wrong decision blows up an entire case. Criticism isn’t needed where the right decisions are taken.”

    Referring to the Pakistan Tehreek-e-Insaf’s (PTI) petition against the chief minister’s July 22 election, Maryam said that the Supreme Court’s (SC) doors were opened late at night and the registrar gave “sufficient time” to the Pakistan Tehreek-e-Insaf (PTI) to draft its appeal.

    “This is not what happens in our justice system. PTI was given ample time to draft its petition by the registrar, while the common man is given months for the date of hearing.”

    ‘Have you ever heard of a trustee chief minister?‘

    Maryam gave several examples of the PML-N’s legal woes, claiming that the party’s leaders were being discriminated against.

    “Have you ever heard of a trustee chief minister?”

    She said that since Hamza was elected chief minister of Punjab, he was not being allowed to work. “He goes from parliament to court, and back and forth. What justice is this?”

    ‘Did any court take suo motu notice against Khan? Are the suo motus only for the PML-N and its allies?’

    Maryam also alleged that court decisions were favouring the PTI even though they were mocking the judicial system. She questioned the state of the judicial system and where the country was headed if decisions were given in favour of those who “abuse and bully institutions”.

    Maryam said that during former Prime Minister Imran Khan’s tenure, the country witnessed a downfall in all sectors and the courts played “an important” role in that. The PML-N leader asked which crime had Khan not committed — he was involved in inciting violence, attacking property, and in the attack on parliament and PTV.

    “Did any court take suo motu notice against Khan? Are the suo motus only for the PML-N and its allies?” she asked.

    Criticising the judges for the recent remarks during the “Azadi March” hearing, Maryam said that despite PTI blatantly violating the court’s orders, the party was still given leverage.

    “After he blatantly violated the orders, the judge said that maybe he didn’t receive the order; they also said maybe they burnt the green belt to save themselves from tear gas.”

    ’Three people cannot decide country’s fate’: Bilawal Bhutto

    Bilawal Bhutto-Zardari asserted that the country’s democratic parties had only one demand: the formation of a full court bench.

    “We all want full court bench. Whatever you decide then will be according to the law and Constitution and we will trust it.”

    “It cannot happen that only three people decide this country’s fate. That only they decide whether this country is run through a democratic system, an elected system or a selected system.”

    Bilawal said that all the parties in the coalition government wanted a democratic system. “It cannot be possible that three people change Pakistan’s 1973 Constitution with just the stroke of a pen,” said Bilawal.

    “And it has been three months and some powers, people, political parties and conspirators are unable to tolerate […] a campaign is being run in the country to keep Imran Khan at the forefront,” said Bhutto.

    “We did not let any conspiracy succeed in the past and we will not let it happen now. We want institutions to remain uncontroversial. If only three judges give a decision, then we will not be able to control the political situation that will develop in this country.”

    “Institutions meddle in political affairs to protect the state but do they ever think that the state is weakened due to their interference?” Maulana Fazl

    “Institutions meddle in political affairs to protect the state but do they ever think that the state is weakened due to their interference?”

    “You are sitting behind a wall. You may decide whatever you want […] and make politicians the culprit in the eyes of the public and defame them. But hold yourself accountable,” added Maulana Fazl.

    He went on to say that the government supported what Maryam said earlier, saying that this was their “united stance”.

    “Don’t take this nation to a point where people rebel against institutions,” he said.

    The JUI-F chief said that it was very easy to “create difficulties”.

    “If you expect us to not create any difficulties for you, then it is also your obligation to not create difficulties for us […] if there’s support for parliament, institutions and the government, the country will stabilise.”