ISLAMABAD: The Supreme Court of Pakistan clubbed together pleas against the recently-enacted Supreme Court (Review of Judgments and Orders) Act 2023 with the ECP petition asking the top court to revisit its April 4 order of holding polls in Punjab on May 14, ARY News reported.
A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial heard the Punjab election case and clubbed plea with Review Order Act case.
At the outset of the hearing, Chief Justice Bandial remarked that the Punjab election review case and Supreme Court (Review of Judgements and Orders) Bill, 2023, be heard simultaneously.
The chief justice summoned PTI lawyer Ali Zafar to rostrum and sought his stance on the issue.
Barrister Zafar replied that the new law is inconsistent with the Constitution and a continuation of the Supreme Court (Review of Judgements and Orders) law.
“How can the court continue hearing the ECP case if the Supreme Court (Review of Judgments and Orders) Act 2023 has come into force? Is the new law not applicable to this case? Do you think the ECP’s petition should be heard as per the old law?” the SC judge asked Zafar.
At one point, Barrister Zafar asked the bench to decide the ECP’s petition. “Five judges […] seven judges […] they are playing mathematics,” he contended.
He reiterated that the review of judgments law was unconstitutional.
To which, CJP Bandial asked, “Are you trying to say that the appeal was given a new name under a new law?”
Subsequently, the court adjourned the hearing till June 13.
Punjab election verdict
The Supreme Court (SC) – in its April 4 order – declared the Election Commission of Pakistan’s (ECP) decision to postpone elections to the Punjab Assembly till October 8 “unconstitutional” and fixed May 14 as a new date.
Read more: ECP FILES PLEA IN SC SEEKING REVIEW OF MAY 14 PUNJAB POLLS ORDER
In a 14-page review petition filed by the ECP on May 3, the electoral body pleaded with the Supreme Court to suspend its May 14 decision until a verdict on the revision petition on the issue.
“SC should review its decision as the judiciary doesn’t have the authority to give the date of elections,” the ECP petition read.
“If the decision is not suspended, the election commission will suffer an irreparable loss,” the petitioner pleaded.
The electoral watchdog further requested the apex court to “accept the instant Review Petition by revisiting, reviewing, reconsidering and recalling its April 4 order”.
