News Desk
ISLAMABAD: The coalition government of the Pakistan Democratic Movement (PDM) on Friday asked the Supreme Court to set up a full court bench to hear the suo motu proceedings regarding the delay in the announcement of a date for elections in Punjab and Khyber Pakhtunkhwa (K-P).
Reading a joint-statement by the Pakistan Peoples’ Party (PPP), Pakistan Muslim League-Nawaz (PML-N) and Jamiat Ulema-e-Islam Pakistan-Fazl (JUI-F), PPP counsel Farooq H. Naek told the court that he had an objection on the inclusion of Justice Mazahar Ali Naqvi and Justice Ejazul Ahsan in the bench.
He requested the two judges to “recuse themselves” from the nine-member larger SC bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, hearing the case, adding that Justice Ahsan and Justice Naqvi should not hear any case involving the PML-N and JUI-F.
For his part, the Awami Muslim League’s counsel, Advocate Azhar Siddique demanded that the court should take notice of the language being used against the judiciary.
The Suo Moto Notice
CJP Bandial took the suo motu notice on Wednesday (February 22) after President Dr. Arif Alvi, earlier this week, unilaterally announced April 9 as the election date in Punjab and K-P after the Election Commission of Pakistan (ECP) turned down his invitation for consultations on the matter.
In the notice, Chief Justice Bandial said that the SC bench would consider the following questions:
- 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?
- How and when is this constitutional responsibility to be discharged?
- What are the constitutional responsibilities and duties of the federation and the province with regard to the holding of the general election?
In his order, the top judge observed that there was a lack of clarity on a matter of high constitutional importance.
