ISLAMABAD : The ruling coalition parties including Pakistan Mulsim League-Nawaz (PML-N), Pakistan Peoples’ Party (PPP), and Jamiat Ulema-e-Islam-Fazl (JUI-F) have on Saturday filed a plea in the Supreme Court seeking the formation apex court’s full court bench to hear the suo motu notice taken over the delay in Punjab and Khyber Pakhtunkhwa general elections.
The petition was filed through Farooq H Naek, Kamran Murtaza, and Masoor Usman Awan also sought the exclusion of Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi.
The plea was filed after Chief Justice Umar Ata Bandial took a suo motu notice of the delay in the elections of the Punjab and KP assemblies that were dissolved on January 14 and 18, respectively.
On Friday, the PML-N, the PPP, the JUI-F and other parties raised objection to the nine-member bench of the Supreme Court hearing the suo motu case regarding delay in Punjab and Khyber Pakhtunkhwa elections, saying a full bench should be made to hear the case.
Barrister Ali Zafar represented the Punjab and KP speakers. The JUI-F is represented by Kamran Murtaza, PPP by Farooq H Naek, Nayer Bukhar and Farhatullah Babar, PML-N by Mansoor Awan, the Punjab governor by Advocate Mustafa Ramday. Supreme Court Bar Association President Abid Zuberi, Islamabad High Court Bar President Shoaib Shaheen and Attorney General of Pakistan Shehzad Ata Elahi and Additional Attorney General Amir Rehman also attended the hearing.
At the outset of the hearing, Mr Naek raised objections over inclusion of Justice Ijazul Ahsan and Justice Mazahar Naqvi. He said the suo motu notice was taken by the chief justice on the note of both judges in Ghulam Mahmood Dogar’s service case, therefore, they should separate themselves from the bench. The PPP lawyer also sought formation of the larger bench to hear the poll date case.
Meanwhile, the PML-N, the JUI-F and the PPP also submitted a joint statement in the court, raising objection to the presence of two judges. They said both judges should not hear the case.
The CJP remarked it was his prerogative to take a suo motu notice. “Today is meant to mark the attendance of all stakeholders,” he said, adding that representatives of all four provinces were present in court. Later, the chief justice adjourned the hearing till Monday.
On Thursday, the bench issued notices to Attorney General for Pakistan (AGP) Shehzad Ata Elahi, Election Commission of Pakistan (ECP), government through the cabinet secretary, chief secretaries of Punjab and KP, Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA), all the advocate generals of the provinces, and the Pakistan Democratic Movement (PDM), directing them to submit their arguments on Friday (today).
As no notices can be issued to President Dr Arif Alvi and the two governors under Article 248 that provides them immunity, the apex court has ordered principal secretaries to contact them to get the point of view on the matter.
