WTP Report
ISLAMABAD: Chief Justice Umar Ata Bandial has said that the president could announce the election date as parliament had clearly written it in the Elections Act 2017.While hearing the suo motu case related to the delay in the Punjab and Khyber Pakhtunkhwa elections on Monday he said that the court would again hear the suo motu case at 9:30am tomorrow (Tuesday) and try to wrap it up.The CJP remarked, “We want implementation of the Constitution dictates”.
Five judges of the nine-member bench of the Supreme Court resumed hearing on a suo motu case related to delay in the Punjab and Khyber Pakhtunkhwa elections after four others dissociated themselves from the case.
The bench originally comprised Chief Justice Umar Ata Bandial Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, Justice Athar Minallah and Justice Muhammad Ali Mazhar.
Last week, Justice Mandokhail, Justice Shah, Justice Afridi and Justice Minallah wrote additional notes in the Feb 23 decision, raising objection to the constitution of the bench citing various reasons.
CJP Bandial, Justice Shah, Justice Mandokhail, Justice Akhtar and Justice Mazhar are currently hearing the case which has been adjourned till 4pm.
Justice Ahsan and Justice Naqvi have refused to hear the case after the ruling coalition raised objection against them. It is recalled that Justice Mandokhail in the first hearing of the case called the suo motu action of the top judge unjustified.
At the outset of Monday’s hearing, CJP Bandial remarked that the four judges had shown grace and distanced themselves from the bench. He said the remaining members of the bench would continue to hear the case for the interpretation of the Constitution.
Talking about the leak of Justice Mandokhail’s note to social media, he said precautionary measures would be taken to avoid such incidents.
At one point during the hearing, Barrister Ali Zafar said the elections in the provinces should be held within 90 days after the dissolution of the assemblies as per the Constitution.
He said the Lahore High Court (LHC) had ordered the ECP to hold a meeting with governor to decide a date for elections but that meeting ended without any outcome. Later, the president unilaterally announced the date after the electoral body refused to attend the meeting called by him on the matter.
In the previous hearing, the PML-N, the PPP, the JUI-F and other parties raised objection against two judges of the nine-member bench of the apex court, saying a full bench should be made to hear the case.The ruling coaltition has also submitted an application seeking formation of the full bench case.
