SC reserves verdict in Punjab, KP election delay case, decision expected tomorrow
ISLAMABAD: The Supreme Court Monday reserved the verdict on Pakistan Tehreek-e-Insaf’s (PTI) plea against the Election Commission of Pakistan’s (ECP) decision to delay the elections in Punjab and Khyber Pakhtunkhwa.
The court said that it will issue the verdict tomorrow, but the time would be announced later.
While directing the Attorney General of Pakistan Mansoor Usman Awan, Chief Justice Umar Ata Bandial — who was heading the three-judge bench comprising Justice Munib Akhtar and Justice Ijaz ul Ahsan — said that the government and PTI should find a solution through political dialogue.
“Have a political dialogue for the Pakistani nation’s sake. Reach a political conclusion,” the chief justice said.
The verdict was issued despite the government seeking the formation of a new bench to hear the case.
CJP Bandial said that Constitutional machinery exists if political dialogue doesn’t take place.
“Allegations are being made because everyone wants to fulfil political interests. They even want to choose their own judges to have their cases heard,” the chief justice remarked adding that this has never happened before.
CJP Bandial urged for patience and tolerance while stating that he respects the parliament and government.
“The idea of elections taking place at the same time is excellent. But two assemblies have been dissolved in this case. A guarantee would be needed from the federal government,” he said.
The top judge of the country further spoke about the lack of political dialogue in the country and acknowledged the pressure on the federal government. “If the federal government assures conducting elections then something can be considered.”
He also mentioned that Article 218 is the ECP’s responsibility, but it doesn’t allow violation of the Constitution.
“Mr Irfan Qadir said that the president’s powers are subject to consultation. Unfortunately, political agendas come to the fore in political parties,” he said.
He asked if the elections date could be issued without consultation with the president and that the AGP did not raise such an important question while getting embroiled in the bench related matters.
“We cannot listen to the lawyers of the ruling alliance due to the boycott of court,” he said.
Ahead of today’s hearing Attorney General for Pakistan Mansoor Usman Awan filed a miscellaneous plea in the apex court for the reconstitution of the bench.
In the plea, filed on behalf of the federation, the Supreme Court was requested to dismiss the election delay case because of the majority (4-3) order/judgment of March 1.
The petition stated that the proceedings in the instant petition might kindly be postponed in light of the order passed by Justice Qazi Faez Isa, postponing all the proceedings in suo motu matters.
“This Hon’ble Bench, in view of submissions made in paragraphs 11 and 12, may graciously recuse from hearing the instant petition and a bench comprising of all remaining Hon’ble Judges of this court, who did not hear SMC No. 1/2023, CPs No 1 and 2 of 2023, may kindly be constituted to decide the questions raised herein,” it requested.