ISLAMABAD: The Pakistan People’s Party (PPP), Pakistan Muslim League-N and JUI-F have raised objections on two judges who are part of the 9 judge larger bench hearing Suo Motu case regarding delay of elections in Punjab and KP, and have demanded forming full court bench comprising all SC judges.
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PPP’s Farooq H Naek, while raising the objections, read out a statement, saying these party leaders didn’t want Justice Mazahir Akbar Naqvi and Justie Ijazul Ahsan to remain part of the bench, and since the Suo Motu had been taken on the note of these two judges, therefore both of the judges must recuse themselves from this larger bench.
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He further said that JUIF and PMLN do not want their cases to be fixed before these two judges, to which the Chief Justice Umar Ata Bandial said that his point had been noted, and that the issue would be considered on Monday. The CJP also said that the court would first decide about the maintainability of the case.
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Justice Athar Minallah suggested to constitute full court to hear the case, which was quickly agreed upon by Farooq H Naek, who also requested the CJP to constitute full court.
During the course of proceeding, Sheikh Rashid’s lawyer, without naming Maryam Nawaz, drew attention towards abuses hurled at the judges of superior judiciary in yesterday’s public gathering, to which CJP Umar Ata Bandial said “we will see it later.”
At one point, Justice Jamal Khan Mandokhail suggested that the issue should be resolved in the Parliament.
Chief Justice remarked that the ‘Constitution of Pakistan has knocked at the door of the Supreme Court.” Later the hearing was adjourned until 11:30 am Monday.
On Thursday, it may be recalled here, the Supreme Court remarked that the violation of the Constitution would not be tolerated, saying elections in Punjab and Khyber Pakthunkhwa 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.
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The bench is headed by Chief Justice of Pakistan Justice Umer Ata Bandial and comprises 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.
In an official statement released in this regard on Wednesday, the apex court stated that the questions referred for the consideration of the bench are as follows:
a) Who has the constitutional responsibility and authority for appointing the date for the holding of a general election to a Provincial Assembly, upon its dissolution in the various situations envisaged by and under the Constitution?
b) How and when is this constitutional responsibility to be discharged?
c) What are the constitutional responsibilities and duties of the Federation and the Province with regard to the holding of the general election?
