Punjab, KP elections: SC judge expresses reservations over suo motu notice

ISLAMABAD: Supreme Court (SC) Judge Justice Jamal Khan Mandokhail, who is part nine-member larger bench, has expressed reservations regarding the suo motu notice taken on the delay in the election date announcements for Punjab and Khyber-Pakhtunkhwa Assemblies, ARY News reported on Thursday.

According to details, the SC judge expressed his views as Chief Justice of Pakistan (CJP) Umar Ata Bandial took suo motu notice of the delay in holding polls in the two provinces.

A nine-member bench, headed by CJP Umar Ata Bandial and also comprising Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah, heard the matter.

During the hearing, Justice Mandokhail noted that the suo motu notice was taken on the note of Justice Naqvi and Justice Ahsan, referring to SC’s proceedings regarding the transfer of Lahore Capital City Police Officer (CCPO) Ghulam Mahmood Dogar.

“In that case, [Chief Election Commissioner] Sikandar Raja Sultan, who was not a respondent, was summoned,” Justice Mandokhail added.

The SC judge pointed out that audio recordings emerged and in one recording it was learned that Abid Zuberi was reportedly talking about Ghulam Mahmood Dogar, calling the matter ‘very serious’.

“In such circumstances, it was not appropriate to refer the matter to the chief justice for taking suo motu notice under Article 184(3) of the Constitution,” he said.

To which, CJP Umar said that the suo moto notice was taken later, earlier speakers’ petitions were filed. “The constitution gives fixed time for elections, which is coming to an end,” Justice Bandial said.

“It was easy for the supreme court to fix two filed petitions for hearing. Section 57 related to the date of elections. Several new points have come before us, which required interpretation,” he further said.

“The elections issue needs clarification, we want to hear all. We have cancelled our next week’s schedule to proceed over this case,” he said.

Earlier in the day, the Supreme Court issued notices to all major political parties in suo moto hearing about elections in Punjab and Khyber Pakhtunkhwa (KP) provinces.

Political parties should submit their points of view in the case, the bench remarked. The court also served notices to the Election Commission of Pakistan and the Attorney General.

President announces date

It is pertinent to mention here that President Dr Arif Alvi announced April 9 as the date for holding general elections for Punjab and Khyber Pakhtunkhwa (KP) assemblies. The announced the date under section 57(2) of the constitution.

In a letter written to Chief Election Commissioner (CEC) Sultan Sikandar Raja president Arif Alvi said the constitution does not allow to exceed 90 days for holding elections after the dissolution of assemblies and he has taken the oath to defend and protect the constitution.

The letter stated that ECP and governor KP and Punjab are not fulfilling their duties to hold elections within 90 days and the president has announced an election date to avoid violation of the constitution.

He said that both the constitutional offices are placing the ball in each other’s court, which is resulting in delay and creating a serious danger to the constitution. President Arif Alvi said that it is ECP’s responsibility to hold the election in 90 days and he started the process of serious consultation on the election date.

It is pertinent to mention here that the Punjab and KP assemblies were dissolved on Jan 18 and Jan 14, respectively, after former prime minister Imran Khan had announced to dissolve assemblies in an attempt to force the government to hold snap polls.

As per the Constitution of Pakistan, polls need to be held for the dissolved assemblies in 90 days.