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THE BENCH HEARING THE AUTOMATIC NOTICE WAS BROKEN, 4 JUDGES INCLUDING JUSTICE MAZAHIR AND JUSTICE IJAZ APOLOGIZED

THE BENCH HEARING THE AUTOMATIC NOTICE WAS BROKEN, 4 JUDGES INCLUDING JUSTICE MAZAHIR AND JUSTICE IJAZ APOLOGIZED


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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