By Special Correspondent
ISLAMABAD: The Supreme Court of Pakistan has resumed the hearing in the suo-moto case regarding delay in the announcement of the election date for Punjab and Khyber-Pakhtunkhwa provincial assemblies Tuesday.
On Monday four judges including Justice Ijazul Ahsan, Justice Athar Minallah, Justice Mazahar Ali Naqvi and Justice Yahya Afridi dissociated themselves from the case. The five-member bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Jamal Khan Mandokhail, Justice Mansoor Ali Shah, Justice Munib Akhtar and Justice Muhammad Ali Mazhar would continue hearing the case today.
What happened in the Supreme Court a day earlier?
A day earlier, at the outset of the proceedings, the CJP said that four members of the SC bench have shown grace and disassociated themselves from the hearing. “The remaining bench, however, will continue hearing the suo-moto case,” he added. During the hearing, Chief Justice Bandial pointed out that the Elections Act, 2017, clearly states that the president can announce date for the polls.
Barrister Zafar informed the apex court that governor Punjab had declined to propose a date for the election saying that he had not dissolved the assembly. Justice Muhammad Ali Mazhar remarked that governor Punjab threw the matter into the court of the ECP and asked who appoints the governor? To which, Barrister Ali Zafar said a governor is appointed with the consent of the president.
The lawyer further told the court that the meeting between the ECP team and governor that was held on the directions of the Lahore High Court had ended without any results. He further said that the president unilaterally announced the election date while analysing the whole situation. Barrister Zafar said that the Election Commission of Pakistan also did not comply with the orders of the Lahore High Court of holding elections in Punjab.
Justice Mazhar pointed out that the Election Commission of Pakistan had held in the letter that consultation with the governor was nowhere in the constitution. “If consultations couldn’t be held, then the ECP should have given a date at its own,” he added. To which, Justice Shah said that as per his understanding, the Election Commission of Pakistan was saying that the constitution does not mention consultations over the election date. “But the LHC asked it to consult with the governor.” However, Barrister Ali Zafar termed the position “delaying tactics”, stressing that it was Election Commission’s constitutional duty to give a date for the elections. To which, Justice Mandokhail stated: “The question in the suo moto proceedings is that who will give date for the elections.”
The lawyer noted that the situation in Khyber-Pakhtunkhwa was different. “The governor there had signed the dissolution of the assembly but not announcing the election date.” Here, the Advocate General Punjab stated that the Khyber-Pakhtunkhwa governor had maintained that there was a 90-day time to announce the date for the elections. “If 90 days are taken to decide the date, when will the elections be held?” asked Justice Mazhar. The court subsequently directed the secretary Khyber-Pakhtunkhwa governor to submit a response in the court.
The chief justice then adjourned the hearing of the suo moto case till 9:30am today saying they want to end the case on Tuesday.
