ISLAMABAD: The government on Friday raised objection over the two judges of the Supreme Court (SC), hearing the case pertaining to delay in the election date announcements for Punjab and Khyber-Pakhtunkhwa Assemblies, ARY News reported.
Pakistan People’s Party, Pakistan Muslim League-Nawaz, Jamiat Ulema-e-Islam-Fazl (JUI-F) and Pakistan Bar Council objected to the induction of two judges to the bench.
The case was heard by a nine-member larger bench led by CJP Justice Bandial. Justice Ijazul Ahsen, Justice Muneeb Akhtar, Justice Mazahar Ali Naqvi, Justice Muhammad Ali Mazhar, Justice Yahya Khan Afridi, Justice Mansoor Ali Shah, Justice Athar Minallah, and Justice Jamal Khan Mandokhel are on the bench.
At the outset of the hearing, CJP Justice Umar Ata Bandial remarked he is happy to see the lawyers of all respondents in the courtroom today. Pakistan People’s Party and the Pakistan Muslim League-Nawaz complained about not receiving notifications for the hearing.
PPP lawyer Farooq H Naek raised reservations over the two judges of the top court included in the 9-member larger bench.
With utmost respect, I’m opposing the induction of Justice Ijazul Ahsan and Justice Muzahir Ali Naqvi to the bench in the light of dissenting notes of Justice Minallah and Justice Mandokhel, Naek said.
Later the hearing was adjourned until Monday by the CJP Bandial.
Judges’ reservations
Yesterday, Justice Jamal Mandokhel and Justice Athar Minallah objected over the constitution of the bench. “I have reservations over the suo moto notice,” Justice Mandokhel said. “Justice Mazahir Ali Naqvi was the member of the bench in which the Chief Election Commissioner was summoned,” he further said.
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“Suo moto notice was taken on the note of Justice Ijazul Ahsan and Justice Mazahir Naqvi,” Justice Jamal said. “The CEC was summoned in the case, while he was not a party,” Justice Mandokhel added.
CJP 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. “The high court’s forum can be bypassed in case of emergency,” he said.
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.
