Election suo motu: Supreme Court to announce verdict tomorrow
ISLAMABAD: The Supreme Court of Pakistan Tuesday reserved the verdict in the suo motu notice taken over the election date of Khyber Pakhtunkhwa (KP) and Punjab, with the decision set to be announced tomorrow (Wednesday) at around 11:30am.
A five-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Mansoor Ali Shah, and Justice Jamal Khan Mandokhail conducted the hearings for two consecutive days — from Monday to Tuesday.
“I would like to thank all the lawyers who have assisted us throughout the hearings. I cannot say when will we be back [to announce the verdict],” the CJP said after the parties involved in the case wrapped up their arguments. Although the verdict was expected today, the CJP’s secretary said that the decision will be unveiled tomorrow.
The top court had also earlier today asked the political parties — the Pakistan Tehreek-e-Insaf (PTI) and the ruling alliance — to agree upon a mutual date for the elections, but they could not reach a consensus. The Pakistan Muslim League-Nawaz’s (PML-N) lawyer asked the court to continue the proceedings as the coalition partners needed more time to consult with each other.
The SC had taken the suo motu notice of an apparent delay in the elections of the two assemblies, on February 23, following President Arif Alvi’s announcement of the date of polls, a move that drew strong criticism from the government
As per the CJP, the suo motu notice had been taken to assess who was eligible to issue the date for polls and who had the constitutional responsibility of conducting elections and when.
A nine-member larger bench was constituted initially to hear the case but the bench was reconstituted after four judges — Justice Ijaz Ul Ahsan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Athar Minallah and Justice Yahya Afridi — of the bench recused themselves.
Meanwhile, the ruling alliance — PML-N, Pakistan Peoples Party, and the Jamiat Ulema-e-Islam (JUI-F) — also withdrew their plea for the formation seeking a full court bench after the reconstitution of the bench hearing the case.
‘Can president or governor give election date on their own?’
At the outset of the hearing today, Attorney General for Pakistan Shehzad Ata Elahi informed the court that he was ready to give arguments.
He also raised an objection to the Supreme Court Bar Association President Abid Zuberi, saying that his name had been removed from the judicial order.
At this, CJP Bandial said that the court sees the SCBA as an institution. “What is written in the court is not part of a judicial order. It becomes an order when the judges sign it,” he remarked.
After this, Zuberi started his arguments.
“Supreme Court has declared it in the past that the elections should be held in 90 days,” Zuberi stated. At this, Justice Mandokhail remarked that the presidents and governors were bound to follow the Cabinet’s advice as per the Constitution.
“Can the president or governors give the election date on their own,” he inquired. Meanwhile, CJP Bandial remarked that the governor wasn’t constitutionally bound to follow anyone’s advice regarding the appointment of a caretaker government or deciding the election date.
While Justice Mazhar added that “no one’s advice is needed where there is discretion.” Moving on, the CJP asked that who would issue the notification for the assembly dissolution.
Responding to the question, Zuberi said that the notification for the dissolution of the Punjab Assembly had been issued by the law secretary.