SC rejects coalition govt's plea for formation of full bench

ISLAMABAD: The Supreme Court (SC) has rejected the government’s petition for formation of a full court bench to hear the case of the Punjab chief minister’s (CM) election, ARY News reported on Monday.

A three-member apex court bench, comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar, heard the plea filed by PML-Q leader Chaudhry Pervaiz Elahi challenging Punjab Assembly Deputy Speaker Dost Mohammad Mazari’s ruling in CM Punjab election.

Pervaiz Elahi secured 186 votes against 179 votes of PML-N’s Hamza Shehbaz. However, Mazari had dismissed PML-Q’s 10 votes after party head Chaudhry Shujaat asked them to vote in favour of incumbent chief minister Hamza Shahbaz.

In its order, the Supreme Court said that the lawyers presented their arguments on merits and formation of full court bench. “The legal question is whether the party head can give direction to its members,” it remarked.

“Deputy Speaker gave decision in favour of party head in July 22 ruling,” the apex court added. The court adjourned the hearing till 11pm tomorrow.

Today’s hearing

During the hearing today, CJP Umar Ata Bandial said that the court needs more legal clarification on certain things to decide about the formation of full court. The CJP also said that he was unsure whether the decision on the said ruling will be made today.

Mazari’s lawyer, Irfan Qadir said he was instructed to speak regarding the formation of the full court only; therefore, he needed time to take instructions from his client. Separately, Hamza Shahbaz’s counsellor Mansoor Awan also sought time to take instructions for arguments on merit.

Meanwhile, Justice Ijazul Ahsan remarked that the apex court wanted to hear the matter of the deputy speaker’s controversial ruling on merit before deciding about forming the full bench.

However, Law Minister Azam Nazeer Tarrar asserted that there was enough clarification in this regard. He added that if the review petition is approved that there will be no need for a run-off election.

Presenting his arguments, advocate Irfan Qadir added that when allegations are levelled against the judges that similar bench is formed repeatedly then these charges can be rejected by the formation of a full court.

The chief justice pointed out that the case regarding the National Reconciliation Ordinance (NRO) was heard by a full court because it was a “constitutional matter”.

“We have sent the prime minister home with five judges at that time you [coalition parties] were celebrating and now you are standing against this,” the chief justice said.

Last week, the top court asked Chief Minister Punjab Hamza Shahbaz to stay “trustee” CM till Monday (July 25) and limited his powers, noting that if he appoints someone against merit, it will be considered null and void.

PML-Q lawyer Salahuddin took the rostrum and said: “In his opinion instructions to the parliamentary party are given by the party head.”

CJP Umar Ata Bandial remarked that the full court bench could only be constituted in September. “Should we stop everything until then?”

“We can’t abandon the most important matter of the state. We can’t leave the matters of the Constitution and the public interest hanging in the middle,” he said.

The chief justice said that every citizen, and even the court, was worried about the economic situation. “Today, the one who took more votes is out and the one who took less is the chief minister. Retaining Hamza Shehbaz would require a solid foundation,” he added.

The chief justice said he wished to dispose off the case quickly and that the court only had two more judges available at the moment. Salahuddin suggested that judges could hear the cases through video link.

The CJP said the court had mediated even before the CM elections, adding: “we had retained Hamza Shehbaz till by-elections and he played an excellent role during the elections.”

“Now the result of the chief minister’s election should be respected,” he stressed.

Salahuddin said the people were already aware of both the Sharifs’ and Chaudhrys’ governance and “no sky would fall” if either were in power.

At this point, the court took another break.

Maryam Nawaz criticises judges

Pakistan Muslim League-Nawaz (PML-N) vice president Maryam Nawaz while criticizing judges of the Supreme Court on Monday said that impact of apex court’s verdicts stays for decades.

Maryam Nawaz along with the coalition government was addressing a press conference in federal capital ahead of hearing by the apex court on Chaudhry Parvez Elahi’s petition challenging the Punjab Assembly deputy speaker’s ruling.

Maryam Nawaz said that said she can write the entire history of the judiciary, just one wrong decision destroys all the cases, if you make the right decision, no matter how much you are being criticized.

The PML-N said that when Hamza Shahbaz Sharif won the election, PTI took the petitions to the Supreme Court registry. On this, the registrar said, sit here and prepare the petition now.

“One or two judges, who have always been anti-PML-N and anti-government, they are repeatedly included in the bench,” she said.