ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) leadership on Wednesday hailed the SC verdict and termed it a “victory for the Constitution of Pakistan”, ARY News reported.
Speaking to media outside the court, PTI leader Fawad Chaudhry said that two SC judges had objected to the decision but “all five judges in bench agree that polls must be held within 90 days.”
AML Sheikh Rashid congratulated the nation over the verdict and termed it a “victory for Imran Khan”. He also asked the country to “prepare for the elections”.
“It’s a big victory. The Constitution has won, and the people of Pakistan have won.”
SC verdict
The Supreme Court, in a 3-2 verdict, ruled on Wednesday that elections in Khyber Pakhtunkhwa and Punjab should be held within 90 days.
CJP Justice Umar Ata Bandial, Justice Munib Akhtar and Justice Muhammad Ali Mazhar supported the verdict, while Justice Jamal Mandokhail and Justice Mansoor Ali Shah opposed the admissibility of the suo moto notice and dissented from the majority verdict.
Justice Shah and Justice Mandokhail in their dissenting notes agreed with the position of Justice Yahya Afridi and Justice Athar Minallah. “The matter was already being heard in the high courts, Supreme Court cannot take suo moto notice on the undertrial cases in the high courts.”
The short verdict stated that the Election Commission of Pakistan failed in discharging its role in the election. The announcement of the election date in KP is the responsibility of the provincial governor, while the president has the authority as per law and constitution to fix the election date in Punjab.
The verdict further stated a consultation to fix the date of elections in Punjab, if they are not possible on April 9, the date announced by the president.
Detailed verdict
Suo motu notice
Last week, the apex court took suo motu notice of the delay in holding polls in Punjab and Khyber Pakhtunkhwa.
In the notice, CJP Bandial said that the SC bench would consider who is eligible to issue the date for polls, the constitutional responsibility of Centre and provinces, and who will fulfil the constitutional responsibility of conducting elections and when.
In his order, CJP Bandial said that the president had taken the position that he had the authority and responsibility for fixing a date, and had announced that polls would be held on April 9.
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