Justice Athar Minallah writes dissenting note in election date case

ISLAMABAD: Justice Athar Minallah wrote a dissenting note in the suo-moto notice taken on the delay in the Punjab and KP elections date, ARY News reported on Monday.

As per details, Justice Athar Minallah said in his objection note that the order given by the chief justice just does not match the written order and the questions raised before us cannot be separated.

He said that the constitutional and legal aspects of dissolving assemblies cannot be ignored. The objection note stated that questioning the constitutional status of dissolving assemblies is basically about the violation of basic rights. 

Justice Athar Minallah wrote in his objection note that this matter is already in a provincial court. First, the matter of the assembly dissolution is of utmost importance. 

He said that the chief Justice has asked to submit questions regarding this matter. He asked that is it the sole responsibility of the Chief Minister to advise on assembly dissolution and not look into the constitutional reasons in this matter.

Does the chief minister with his free will dissolve assemblies or on someone else’s will? The objection note further stated that can the chief minister’s advice be rejected constitutionally and the assemblies be restored? 

Read more: PUNJAB, KP ELECTIONS: FOUR JUDGES RECUSE FROM HEARING SUO MOTO NOTICE

Earlier today a nine-member larger bench of the Supreme Court (SC), hearing suo moto notice taken on the delay in the Punjab and KP elections date, dissolved after the recusal of four judges.

The government on Friday raised objection over the two judges of the Supreme Court (SC), hearing the case pertaining to the delay in the election date announcements for Punjab and Khyber-Pakhtunkhwa Assemblies.

At the outset of the hearing, Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial remarked two judges on whose objections were raised by the political parties have recused themselves from the hearing of the case.

“Two more judges have also separated themselves from the 9-member larger bench.”

Justice Ijaz Ul Ahsan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Athar Minallah and Justice Yahya Afridi recused themselves from hearing the case.

The CJP said the hearing of the case to continue for the interpretation of the constitution. The top judge observed that the dissenting note of Justice Mandokhel was leaked on social media even before the order of the hearing on the SC website.