THE BENCH HEARING THE AUTOMATIC NOTICE WAS BROKEN, 4 JUDGES INCLUDING JUSTICE MAZAHIR AND JUSTICE IJAZ APOLOGIZED
In
the Supreme Court of Pakistan, the 9-member bench hearing on the suo motu
notice related to the elections in Punjab and Khyber Pakhtunkhwa was dissolved.
The 5-member bench of the Supreme Court reached the courtroom
number one.
Justice Ijazul Ahsan, Justice Mazahir Ali Akbar Naqvi, Justice
Athar Minullah and Justice Yahya excused themselves from hearing the case.
A 5-member bench headed by Chief Justice Umar Ata Bandial is now
hearing the case, which includes Justice Mansoor Ali Shah, Justice Jamal Khan
Mandukhel, Justice Muneeb Akhtar and Justice Muhammad Ali Mazhar.
Delayed start of hearing
In the Supreme Court of Pakistan, the hearing of the automatic
notice case on the issue of elections in Punjab and Khyber Pakhtunkhwa started
late, Chief Justice of Pakistan Umar Ata Bandial said in his remarks that 4
members have separated themselves from the bench.
He said that the rest of the bench of the court will continue to
hear the case, the court will continue the hearing to interpret the
constitution, what the constitution says is based on interpretation, try to
finish the hearing tomorrow at 9:30 am. will
The Chief Justice of Pakistan said that he cannot issue the
order until it is on the website, Justice Jamal Mandukhel's note was on social
media before the order, he will be careful in the future so that such an
incident does not happen, Ali. Zafar, start arguments, let the court hear this
case or not? Be informed that the court can hear this case or not? The
case has to be completed tomorrow in any case.
Farooq H. Naik said that an application has been filed on the
full court issue.
Chief Justice of Pakistan Umar Ata Bandial said that he will
deal with the matter after listening to the requests.
Speakers' lawyer Ali Zafar argued that the Chief Minister of Punjab
sent a summary of the dissolution of the assembly to the governor, the governor
was bound to dissolve the assembly but he did not, the assembly was dissolved
within 48 hours on the governor's refusal. No constitutional officer can delay
the elections for more than 90 days. In Punjab, the 90-day period has started
from January 14.
Justice Muhammad Ali Mazhar asked who appoints the governor?
Lawyer Ali Zafar replied that the Governor is appointed with the
approval of the President.
Justice Muhammad Ali Mazhar said that there is a difference
between the dissolution of the assembly by the governor and the dissolution of
the assembly by itself during the constitutional period.
Justice Jamal Mandukhel inquired that whose job is to decide the
date of elections?
Barrister Ali Zafar replied that who is responsible for the date
of elections, the same issue has been taken notice of.
Justice Muhammad Ali Mazhar said that there is no provision of
the constitution which justifies delaying the elections by 90 days.
Justice Muhammad Ali Mazhar asked if anyone can delay the
elections.
Lawyer Ali Zafar replied that no one can delay the elections.
Justice Muhammad Ali Mazhar said that the Punjab Governor threw
the matter in the Election Commission's court.
Lawyer Ali Zafar said that ping-pong is being played on the date
of the elections, the court can order the governor or the Election Commission
to set the date of the elections.
Justice Mansoor Ali Shah inquired whether the case has been
delayed at the request of the parties in the Lahore High Court.
Azhar Siddique said that the issue of elections is pending in
the Supreme Court, so the High Court delayed it.
Ali Zafar said that no injunction was given in the ongoing
intra-court appeal in the Lahore High Court.
Justice Mansoor said that the Lahore High Court had ordered the
date of the elections, was any contempt of court petition filed?
Lawyer Ali Zafar said that a contempt of court petition has been
filed against the Election Commission.
Azhar Siddique said that the Election Commission gave a vague
answer in the contempt of court case.
The Chief Justice of Pakistan said that what were the reasons
given for such a long delay on the intra-court appeal in Lahore? Such a
long adjournment cannot be granted in an important matter without solid
reasons.
Azhar Siddique replied that the Election Commission sought time
to submit the reply to the Lahore High Court, which was postponed.
Lawyer Ali Zafar said that the Election Commission did not
respect the order of the High Court.
Lawyer Azhar Siddique said that a contempt of court was filed in
the Lahore High Court on February 14, and an answer was sought from the
Election Commission on the contempt petition.
Lawyer Ali Zafar said that the President wrote 2 letters on the
issue, on February 8, the first letter asked the Election Commission to
announce the date.
The Chief Justice of Pakistan inquired whether the Election
Commission responded to the first letter of the President.
Lawyer Ali Zafar told the court that to my knowledge, the
Election Commission did not respond to the first letter.
Justice Mansoor Ali Shah remarked that the President's letter is
contrary to the order of the High Court. The High Court had asked the Governor
to give a date after consultation.
Justice Muhammad Ali Mazhar remarked that the Election
Commission itself wrote in its reply that consultation with the governor is not
in the constitution, if the consultation was not done, then the commission
would have given the date of the election itself.
Lawyer Ali Zafar said that the Election Commission is of the
opinion that they cannot give the date of the elections, the real issue is the
date of the elections, which no one is ready to give, it is being delayed by
doing you first, not you first. Clarified all the facts in the date fixing
letter.
Justice Jamal Mandukhel inquired whether someone had approached
the President to give the date or he did it on his own.
Lawyer Ali Zafar said that it was a matter of fundamental
rights, so the President had to intervene, somebody has to announce the date.
Maybe a gap is left in the democracy, if the other parties think that the
elections are to be conducted by another body, then they should also inform the
court.
Justice Muneeb Akhtar inquired that the assembly has been
dissolved in KP too, what is the position there?
Lawyer Ali Zafar said that the Governor has dissolved the
Assembly in KP, the Governor KP has asked the Election Commission to consult
with the stakeholders, the Governor KP has made security the basis in his
letter, the date of the elections is the Governor's. P also did not give, 3
constitutional petitions are pending in Peshawar High Court.
The Chief Justice of Pakistan said that why did the Peshawar
High Court give 21 days notice to the parties? There is a legal point to
be made, it is not a civil case that has been given so much time.
Advocate Ali Zafar replied that the KP Assembly was dissolved on
January 18.
The Chief Justice of Pakistan asked what progress was made
regarding the elections in KP.
Justice Jamal Mandukhel inquired whether the governor can say
that terrorism is happening and should be consulted.
Ali Zafar replied that in my view Governor KP has no authority
to write such a letter.
The Chief Justice said that this case is now going on only on
the question of whose authority it is to give the date of elections.
Justice Mansoor said that the Election Commission is saying that
consultation for history is not included in the Constitution.
Justice Muhammad Ali Mazhar inquired that if the Election
Commission itself gives the date, will it be contempt of court?
Lawyer Ali Zafar said that all these are delaying tactics, it is
a constitutional process to give a date to the Election Commission.
Justice Jamal Mandukhel inquired that there is a question in the
notice itself as to who will give the date of the elections.
Lawyer Ali Zafar said that someone has to announce the date of
the election, it cannot happen that the election is delayed by 10 years, the
other party should tell who should announce the date of the election. Let the
date be announced.
The Chief Justice of Pakistan asked that if the conditions are
not favorable for elections, then the reasons should be given.
Justice Muhammad Ali Mazhar said that a month has passed and
still no announcement could be made.
Justice Muhammad Ali Mazhar said that only when the election
date comes, it will be decided whether the elections can be held at that time
or not. The entire month has been wasted because the governor has asked for
consultation.
Justice Jamal Mandukhel said that the issue of law and order is
not the governor's, but the election commission's, can the issue of law and
order come in the constitutional way of elections?
The Chief Justice of Pakistan said that in 2013 and 2018, the
assemblies had completed their term.
The DG Law Election Commission said that if the Assembly
completes its term, the President sets the date for the elections.
Justice Muneeb Akhtar said that the Chief Minister's advice was
implemented in KP but not in Punjab.
Ali Zafar said that if there are no assemblies, there is no
other method of governance in the constitution, that is the reason why a limit
of 90 days has been fixed for the elections. Elections must be held in 90 days,
not just announcements.
Chief Justice of Pakistan said that Election Commission's job is
to conduct elections.
Barrister Ali Zafar said that the responsibility of the Election
Commission is to make arrangements for the elections and conduct the elections.
According to the constitution, the Election Commission has to conduct national,
provincial and local elections. Articles 218, 219 and 222 give the Election
Commission the responsibility of elections. Yes, all the executive bodies are
obliged to support the Election Commission for the elections, if the Election
Commission shows helplessness, the court should take action.
At the same time, the hearing was adjourned for half an hour and
the Chief Justice said that the court will resume the hearing at 4 o'clock.
The detailed hearing was delayed
Earlier, today's detailed hearing of the notice itself was
delayed.
In the Supreme Court, first 11.30 am, then 12.00 pm was given
for hearing the suo motu notice.
Court should show restraint: Justice Yahya Afridi's
note
Justice Yahya Afridi's note has also come out regarding the
Supreme Court's suo motu notice on the issue of elections in Punjab and Khyber
Pakhtunkhwa, in which he has said that the petitions come under Article 184 (3)
of the Constitution. are
In his note, he says that it will not be right to use the
judicial powers to issue a decision, the matter is pending in the Lahore High
Court and Peshawar High Court which is yet to be decided, the jurisdiction of
the Supreme Court is independent. Which is not related to the case pending in
other courts.
Justice Yahya Afridi says in his note that the environment is
charged, the political parties also have their point of view, the court should
show restraint, it should be done to avoid reaction to the desire of the court,
remarks during the hearing of the Supreme Court or Passing judgment would be
prejudice to the claims of the parties, it would also be contempt of the
statutory jurisdiction of the High Court.
He has further said that in this way the jurisdiction of the
High Court will also be affected. The High Court has the right to administer
the law with respect and dignity. I reject all the three petitions. Will not be
valid on all three applications.
In his note, Justice Yahya Afridi also said that there is no
point in me hearing the hearing, I leave the decision of retaining myself on
the bench to the Chief Justice.
Notice by itself is not appropriate: Justice Jamal
Khan Mandukhel's note
Justice Jamal Khan Mandukhel's note has also come out regarding
the Supreme Court's suo motu notice on the issue of elections in Punjab and
Khyber Pakhtunkhwa, in which he has said that late last night I received a file
that the honorable Chief Justice One has taken notice of himself.
In his note, he says that the Chief Justice took notice of
himself on the basis of an order of Justice Ijazul Ahsan and Justice Mazahir
Ali Naqvi. was granted, Ghulam Mohammad Dogar's appeal was regarding his
transfer.
Justice Jamal Khan Mandukhel has said that Ghulam Mahmood
Dogar's lawyer is Abid S. Zuberi. Ghulam Mahmood Dogar's appeal was pending
when on February 16, the bench called the Chief Election Commissioner, who is
not a party to the petition, from the Chief Election Commissioner of Punjab. It
was asked regarding the conduct of assembly elections.
He has said in the note that regardless of the response of the
Chief Election Commissioner, Justice Ijaz-ul-Ahsan and Justice Mazahir Ali
Naqvi considered it appropriate to send the matter to the Chief Justice of
Pakistan, to take his own notice on the matter. No connection is made to the
case.
Justice Jamal Khan Mandukhel has said that it is also worth
noting that 3 audio recordings have come to light, in one audio Abid Zuberi is
allegedly talking to the former Chief Minister, Abid Zuberi is allegedly
talking to the former Chief Minister Ghulam Mehmood. Talking about the pending
case of Duggar.
He says that in my opinion this matter was very serious,
besides, honorable judges have expressed their opinion by saying that elections
must be held within 90 days and that there was a great risk of violation of the
constitution. The Hon'ble Chief Justice respectfully added to the points stated
by these 2 judges, the Hon'ble Chief Justice also expressed his opinion.
Justice Jamal Khan Mandukhel also said that such a definitive
opinion has decided the matter and has done so without considering Article
104-A of the Constitution, under these circumstances the matter has been
referred to the Chief Justice for suo motu notice. Mailing was not proper,
notice by itself is not proper.
Justice Athar Minullah's note
Justice Athar Minullah's note has also come out regarding the
Supreme Court's own notice on the issue of elections in Punjab and Khyber
Pakhtunkhwa, in which he has said that I have read the order of the Chief
Justice of Pakistan.
They say that the order given by the Chief Justice in the open
court is not consistent with the written order, the question put before us
cannot be seen in isolation, the constitutional and legal status of dissolving
the provincial assemblies cannot be ignored. .
Justice Athar Minullah has asked in his note whether the
provincial assemblies were broken by trampling on the constitutional principles
of democracy.
He says that the questions on the legality of dissolving
assemblies are related to serious violation of fundamental rights, the matter
before us is already before the Provincial Constitutional Court.
Justice Athar Minullah has said that it is too early for this
issue to come to the Supreme Court, before looking at any other issue it is
imperative to look at the constitutional and legal status of dissolving the
assemblies. The Chief Justice has asked me questions on this issue. These are:
The
first question: Is it the
final authority of the Chief Minister to give the advice to dissolve the
Provincial Assembly, for which it is not necessary to look at the
constitutional reasons?
Second
question: Can the Chief Minister dissolve the assembly
on his independent opinion or on someone else's opinion?
Third
question: Can the Chief Minister's advice be
constitutionally rejected on any basis and the Assembly restored?
Justice Athar Minullah said that when I raised the
constitutional points in the court, the Chief Justice agreed to include them.
He further said that the order given in the open court of the
Chief Justice is not consistent with the written order, where the
interpretation of the constitution is the authority of this court, the
protection of the constitution is also the job of the same court. Time has to
run.
Justice Athar Minullah also said that the interpretation of the
constitution by this court has effects on the common people and future
generations, the use of the power of self-notice requires extreme caution, it
is inevitable that constitutional violations and constitutional interpretation
Constitutional interpretation of the Chief Justice's power of self-notice to
hear important cases by the full court has also become necessary.
Written order for the hearing of February 23 issued
The Supreme Court of Pakistan today issued a written order for
the hearing of the self-notice case related to elections in Punjab and Khyber
Pakhtunkhwa on February 23.
The order dated February 23 includes separate notes of 4
Justices.
Justice Mandukhel, Justice Yahya Afridi, Justice Mansoor and
Justice Athar Minullah are among the judges whose separate notes are included.
According to the order, the matter has been referred to the
Chief Justice for reconstitution of the bench.
Justice Mansoor Ali Shah says in the note that 2 senior judges
have not been included in the bench, it is necessary for the public's trust in
the judiciary to maintain its transparency.
It is said in the written order that whose constitutional
responsibility is to announce the date of elections? Noticed on this
point.
It has also been stated in the written order that after writing
the notes of the four judges, it was decided that the matter of bench formation
should be referred to the Chief Justice again.
Account of previous hearings
The Supreme Court has issued notices to Election Commission, PDM
parties and other parties.
Pakistan People's Party, PML-N and JUI have requested to form a
full court.
It has also been requested not to include Justice Ijazul Ahsan
and Justice Mazahir Naqvi in the full court.
The Supreme Court has not yet issued the written order for the
February 23 hearing.
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