Matter of elections in Punjab and KPK: Important questions arises before SC during hearing
Chief Justice Umar Ata Bandial took suo moto notice yesterday regarding delay in announcing dates of general elections in Punjab and Khyber Pakhtunkhwa, first hearing was held today
Supreme Court of Pakistan adjourned hearing of automatic notice case regarding the holding of general elections in Punjab and KPK till 11 am tomorrow.
The hearing of the automatic notice case of general elections in Punjab and Khyber Pakhtunkhwa has been adjourned till 11 am yesterday, Chief Justice of the Supreme Court of Pakistan Justice Umar Ata Bandial has said that we have canceled the schedule for next week to hear this case.
According to the details, the Supreme Court of Pakistan postponed the hearing of the automatic notice case regarding the holding of general elections in Punjab and Khyber Pakhtunkhwa till 11 am tomorrow.
The Supreme Court ordered the Election Commission of Pakistan, all political parties of Pakistan, President Dr. Arif Alvi, Prime Minister Shehbaz Sharif, four provincial advocate generals, attorney generals, governors of Punjab and Khyber Pakhtunkhwa, Vice Chairman Pakistan Bar Council, President Supreme Court Bar Association. , PDM, and Speakers have also been issued notices.
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The Supreme Court of Pakistan has said in its order that considering the sensitivity of the matter, the news received from print and electronic media should be considered as notice by all the parties.
A 9-member larger bench headed by Chief Justice Umar Ata Bandial of the Supreme Court of Pakistan heard the case.
The larger bench includes Chief Justice Umar Ata Bandial along with Justice Yahya Afridi, Justice Athar Manullah, Justice Muneeb Akhtar, Justice Ijazul Ahsan, Justice Mazahir Akbar Ali, Justice Mansoor Ali Shah, Justice Mohammad Ali Mazhar and Justice Jamal Khan Mandukhel.
During the hearing, Chief Justice Umar Atta Bandyal remarked that after the dissolution of the assembly, it is intended to announce the elections according to the constitution. This is the point that we have taken note of to find out the answer.
The Chief Justice said that the Lahore High Court and Peshawar High Court are hearing cases regarding the delay in announcing the date of elections, but when the date was announced by the President of Pakistan, a constitutional crisis arose. Who will answer this important question?
Bench member Justice Jamal Khan Mandukhel has said that I object to the suo moto notice that has been taken because some audios have come out recently, regarding which there has been a lot of noise on social media, so I understand that. Yes, this was not the case with Sumoto.
Meanwhile, Justice Athar Minullah, a member of the bench, has said that he wants to add one more question to it. He raised the question, “Whether it was constitutionally right to dissolve the assemblies that have been dissolved?”
The Chief Justice granted Justice Athar Minullah’s request and allowed his question to be installed in the order.
According to the order of the Supreme Court, the hearing of the case will be held at 11 am tomorrow, however, the Attorney General has asked for time till Monday for the complete preparation of the case. Attorney General said that notices have been issued to all the parties, and all these parties have to listen and find a solution.
The court said that the authority to give the date of elections after the dissolution of the assemblies needs clarification. The Punjab and KP Assemblies were dissolved on January 14 and 17 respectively. Whereas under Article 224-2, elections have to be held within 90 days of the dissolution of the assembly. Article 224A gives a time frame.
The court has said that the Supreme Court will not tolerate any violation of the constitution, they want the elections to be in accordance with the constitution. The Chief Justice said that the court has to hear three cases.
The Chief Justice said that the Supreme Court of Pakistan has taken suo-moto notice on the basis of three questions.
- It will be seen in the automatic notice that who has the authority to give the date of elections?
- Who is responsible for conducting elections and when?
- What is the constitutional responsibility of the federation and the provinces?
During the hearing, Justice Muneeb Akhtar said that I think all political parties should be heard because in a democracy only political parties form the government.
Justice Athar Manullah said that this is an important issue, its purpose is a matter of transparency and trust, and the records of the High Court should also be called for.
Justice Athar Minullah said that we have to look at the constitutional provisions in this case.
The first question will be whether the assembly was dissolved under the constitution or not.
The second question would be whether the dissolution of the Assembly has to be looked at under Article 184(3) of the Constitution.
Justice Jamal Mandukhel said that in these circumstances, in my opinion, this case does not fall under 184(3).
Justice Jamal Mandukhel said that some audios have come out from Islamabad, in one of the alleged audios, Abid Zuberi is talking about some judges.
During the hearing, President Supreme Court Bar Association Abid Zuberi said that the President has released the date of the elections.
