Request to form full court in Punjab, Khyber Pakhtunkhwa election postponement case rejected by SC

Supreme Court rejected request of Attorney General to form a full court in Punjab, Khyber Pakhtunkhwa election postponement case and adjourned the hearing till Monday.

In his remarks, the Chief Justice said that adding more judges will waste time, it will take time for new judges to hear and understand the case from the beginning, how they are being targeted on the basis of the audio leak, if you talk about the law, I will listen as a judge. Ga, if you talk about my judges then you will have to face me.

Supreme Court has better judges than 20 years ago, how is it being targeted on the basis of audio leak, talk about law then I will listen as a judge, talk about my judges then face me.

At the beginning of the hearing today, after Justice Jamal Khan Mandokhel excused himself from the hearing, Chief Justice Umar Atta Bandial formed a 3-member bench headed by Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar, which heard the case after the end of prayer.

Justice Mandokhel’s recusal: Bench hearing Punjab, KPK elections case broke again

When the hearing of the case started under the chairmanship of the Chief Justice, the Chairman of the Pakistan Bar Council, Executive Council Hasan Raza Pasha came to the rostrum. The Chief Justice told him that he will hear you later.

Hasan Raza Pasha said that the bar has nothing to do with anyone’s support or opposition, if a full court bench cannot be formed, then a full court session should be held.

Chief Justice of Pakistan Umar Atta Bandyal said that we are thinking about it, as far as the relations of the judges are concerned, the relations between the judges are good, yesterday and today 2 judges excused themselves from the hearing. Even after that, discussion is inevitable on some points, some political issues came up which were criticized by the media and press conferences, the court showed restraint on the whole issue, some people are criticizing a few judges and some others. On other judges, we will also look into this matter.

The Chief Justice said to Hasan Raza Pasha that today is the first time you have come to the court, prove yourself with action and not with complaints, come and meet me in the chamber, I have a lot of respect for you, the President of the Supreme Court Bar has been in touch with me. If the issue was only about external image, our life would be calm, media people sometimes say anything, often lies, court always shows patience, I will have some meetings after the hearing, I hope that Monday’s sun will be good. It will rise with good news.

When Attorney General Mansoor Usman Awan came to the rostrum, the Chief Justice said that the Attorney General can raise whatever points he wants to raise.

The Attorney General said that the court had directed the parties to follow the situation in some cases, requesting the court to let the political temperature lower first, there is a need to lower the temperature everywhere in the country. The Chief Justice said that you were asked to take instructions to reduce the temperature, what did you do about it? The attorney general said that only time is needed, with time the temperature can come down.

The Chief Justice said that this court has always given priority to the Constitution, the judges were removed from their offices and imprisoned in their homes. The best judges could not come back, this incident changed my view of life, the constitution is what keeps democracy alive, those who were in jail till yesterday are speaking in the assembly today, this is because they are the representatives of the people, the assembly have a 5-year term but the head of the house has the power of dissolution, the 90-day period from when the assemblies are dissolved now expires in April.

The Chief Justice said that the President gave the date 15 days after the 90-day period. Yes, the court is not sitting to create problems, tell the court a solid reason, start this dialogue, one party is giving the guarantee of the party chairman, maybe the government will also have to forget the past, the term of the assemblies is coming to an end in August anyway. If there are negotiations between the government and the opposition, then they will take a break for a few days, if there are no negotiations, they will play a constitutional role, after seeing the court decision, they will say that it is an authoritative decision, every point of each party will be mentioned in the decision.

The Chief Justice of Pakistan said that first tell the court about the expenses of 20 billion, we had suggested to reduce the expenses.

The Attorney General read out the court order dated February 27. The Chief Justice said that the matter was sent for the reconstitution of Chief Justice Kubinch, who could have changed all the judges if he wanted to, if that is what he wanted to do, which created the problem. That would be an invasion of our privacy.

The Attorney General said that you said that the judges had not excused themselves from the hearing. The Chief Justice said that I did not say anything on the apology from the hearing of the judges. Internal discussion of should not be done in public, stay on the temperature lowering option, will solve these issues soon.

On the request of the Attorney General to form a full court once again, the Chief Justice said that if you want to give arguments to the full court, then give it. It is necessary, during the hearing, Chief Justice Umar Atta Bandyal became emotional and while giving remarks, the voice of the Chief Justice of Pakistan was filled.

He said that one process is to ensure that routine cases are not affected, the number of cases dealt with daily is increasing, sometimes all the judges are not available at the principal seat, last week in Quetta, Karachi and Lahore. There were benches, there was a bench in Lahore this week too, while forming a 9-member bench, I thought about all the judges, while forming a 9-member bench, I thought that all judges from senior to new should be represented, I appointed Justice Atharmanullah. found compatible with the Constitution, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Muneeb Akhtar are experts of the Constitution, Justice Ijazul Ahsan is also an expert of the Constitution, you may ask why Justice Mazahir Naqvi was included, Justice Mazahar Naqvi was included To do was to give a silent message, from 2019 to 2021, Justice Faiz Isa full court case went on and the court got punishment.

The Chief Justice said that there is a political issue on the basis of which other judges were targeted, the judges of the Supreme Court are being targeted on hearsay, the Supreme Court was united and still is in some cases, what is the judiciary? No one sees how people in important positions are targeting the judiciary, I am being asked to punish another judge, go and examine the evidence first.

The Chief Justice said that the Supreme Court has the best judges in 20 years. Read the judgments of Justice Ayesha Malik and Justice Shahid Waheed. Justice Shahid Waheed wrote the best dissenting note yesterday. If you talk about the law, I will listen as a judge, if you talk about my judges, then you will have to face me.

The Chief Justice said that I also have a heart, I also have feelings, I have done everything honestly knowing that Allah is the watcher, and I have done it according to the constitution and the law. Try it? Justice Iqbal Hameedur Rahman was stopped from resigning.

Lawyer Election Commission Irfan Qadir said that the position of the Election Commission has not been fully heard, I want to speak for only 3 minutes, everyday I have to sit for hours, if you can be emotional then we can be too, I will try to complete the short talk. will

Chief Justice Umar Atta Bandyal said that Attorney General, talk about the case, I was emotional from what was said here and there, the problem is also about security in the country, half of the polling stations are very sensitive or sensitive, it is not enough to say that in the country There is terrorism, terrorism has been there since the 90s, the court was told that the forces are busy at the border, this is also to be seen.

Attorney General Mansoor Usman Awan said that he has seen the ongoing circular of the court today, he has also read the note of Justice Jamal Khan Mandukhel, he has separated from the bench, first you should listen to the political parties, later I will give arguments, the country’s I will inform the court about the economic situation, the issue is not of 20 billion, but of the entire economy, until June 30, the interest rate can reach 22%, the increase in interest rate increases the debts, the second point is the ratio of the decision of March 1. , the third point is based on the judgment of March 1, the basis of the present petition is the court order of March 1, 2 members of the 9-member bench voluntarily withdrew from the bench.

Chief Justice Omar Atta Bandyal said that you Cox said that 2 judges had separated from the bench? Read the order of the court on February 27, where is it written? Mr. Attorney General, talk about security and funds.

Justice Muneeb Akhtar asked how much money the government has at the moment? How much money is there in the federal consolidated funds, if 20 billion is spent, how much will the deficit increase? Election spending is probably less than one percent of the deficit.

The Attorney General said that the court will accept the request of the full court on this occasion? The Chief Justice said that if you need time, you will provide it, the court held a full hearing for 3 days, which precious time will be lost by adding more judges, new judges will take time to hear and understand the case from the beginning. , the lawyer Election Commission told the data, wanted confirmation from the government.

Justice Munib said that the Supreme Court rules are clear that the cases of 184/3 will be heard by a bench of more than 2 members. Chief Justice Umar Atta Bandial said that the parties before the court are those who run the governments.

Justice Muneeb said that it is the right of every party to request a full court. It is a very serious charge if the government gives the impression that arbitrary benches are being formed. The Supreme Court has said that the Chief Justice is the master of the roster. No, sit in court.

The Attorney General said that the intention of the government was not to mention arbitrary judges, the temperature outside the court is very high, no one will be able to object to the decision written by all the judges.

The Chief Justice said that the intention of the constitution is that if the assembly is dissolved, elections should be held within 90 days. If elections cannot be held within 90 days, how many more days will be required? How many days will be required for the court to consider this point, no rules and laws allow to make a full court, people want to know when the elections will be held, they want a guarantee of peace from all parties until the elections.

The Supreme Court summoned the defense secretary and the finance secretary for the next hearing and adjourned the hearing till Monday, April 3.