ISLAMABAD: A 5-judges larger bench of the Supreme Court of Pakistan hearing the suo motu case related to delay in elections in Punjab and Khyber Pakhtunkhwa has directed the PTI and the coalition government to sit together and come up with a date for elections in both of the provinces by 4pm.
The bench is headed by Chief Justice of Pakistan Justice Umar Ata Bandia, and comprises Justice Muneeb Akhtar, Justice Mansoor Ali Shah, Justice Mohammad Ali Mazhar and Justice Jamal Mandokhail.
Also read: President can announce election date: CJP
The idea of consensus was floated by Justice Mansoor Ali Shah, however, PTI’s Fawad Chaudhary opposed the idea and told the bench that it would become a precedent for future. Justice Mansoor Ali Shah said we will not let it make the precedent. The court said it is only concerned who is authority to appoint the date for election.
“[We] will decide the case today,” CJP Umar Ata Bandial said while giving the directive to the politicians to sit together and find a solution.
The SC directed Pakistan Tehreek-e-Insaf leaders Shireen Mazari and Fawad Chaudhry to consult with party chairman, Imran Khan, and coalition partners’ lawyers to consult with their leaders and inform the court by 4pm.
Farooq Naek, representing PPP, sought a day time to seek instructions but the court declined saying we will take a break for an hour and will assemble again at 4 o clock to hear the arguments of Mansoor Awan, counsel for PMLN.
During the proceedings a little while earlier, Pakistan Muslim League-Nawaz, Pakistan Peoples Party and Jamiat Ulema-e-Islam withdrew their application, submitted earlier in the Supreme Court, seeking constitution of a full court to take up the suo motu notice regarding delay in announcement of election date in Punjab and Khyber Pakhtunkhwa.
The application was taken back on Tuesday after the three political parties directed their lawyers not to pursue the full court plea, said Farooq H Naek while beginning his arguments.
Earlier in the day, Islamabad High Court Bar’s lawyer Abid Zubairi started to present his arguments before the SC bench.
The court set aside the objection raised by the attorney general about the exclusion of Supreme Court Bar Association president’s name from the court order issued on Monday. In response the CJP remarked whatever is written in the court is not an ordear until it is signed by the judges.
At one point during the hearing today, Justice Mandokhail wondered if the governors and president were bound by the advice of the cabinet in the matter. “Can they give the date for elections on their own,” he asked.
Chief Justice observed that the governor was not bound by anyone’s advice on the appointment of the caretaker government and the date for elections.
“Where there is a discretionary authority, there is no need for advice,” Justice Mazhar also remarked.
During the course of proceedings yesterday, the most significant development emerged when the Chief Justice remarked that the assemblies in 2013 and 2018 had completed their terms, to which the DG Law of the Election Commission of Pakistan said that “the president announces the date of elections if the assembly completes its term.”
Justice Umar Ata Bandial remarked that the Elections Act, 2017 clearly states that the president can announce the date for elections.
After all the deliberations yesterday, the SC proceedings revolved around one point, that ‘someone has to announce the date’.
More to follow…
