Punjab, KPK polls: Supreme Court adjourns hearing till Monday

The coalition government asked Supreme Court’s (SC) Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi to “recuse themselves” from a larger SC bench that is hearing suo motu proceedings regarding the delay in the elections in Punjab and Khyber Pakhtunkhwa.

A nine-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial resumed its suo motu hearing on Friday.

During the proceedings, Pakistan Democratic Movement (PDM) lawyer Farooq H Naek read out a joint statement of the PPP, JUI-F and the PML-N.

He named Justice Mazahar Ali Naqvi and Justice Ejazul Ahsan, saying that he had an objection to the inclusion of the two judges in the bench.

The CJP said that they only wanted all stakeholders to mark their presence today and everyone will be heard on Monday.

The court adjourned the hearing till Monday 11:30 am.

On Thursday, the SC had said it will not tolerate the violation of the Constitution. As per law, elections for dissolved assemblies must be held within 90 days.

During yesterday’s hearing, the CJP said the SC has to see who has the authority to give the election date after the dissolution of the assemblies.

Punjab, KPK polls: SC says will not tolerate violation of Constitution

“If there is a very serious situation, the time for elections can be extended. But we have to see if the Constitution is being implemented,” said the CJP.

Justice Bandial said the court wants the implementation of the Constitution, adding that after President Alvi’s announcement of the election date, the situation has changed.

The CJP further said that elaboration was needed on the issue of elections.

The court had then issued notices to the Attorney General of Pakistan (AGP), advocate generals of all provinces and others. The notices were also issued to the vice-chairman Pakistan Bar Council, the Election Commission of Pakistan (ECP), and to the President and the governors of the Punjab and KP through their principal secretaries.

Background

Last year, PTI chief Imran Khan had announced that his governments in Punjab and Khyber Pakhtunkhwa would dissolve their assemblies to pave the way for fresh elections. This was eventually achieved last month. However, delays over KP and Punjab polls remain. As per law, the Election Commission of Pakistan is bound to hold elections within 90 days of an assembly being dissolved.

On Monday, President Dr Arif Alvi had announced that elections will be held on April 9.

President Alvi says elections in Punjab, KP on Apr 9, ECP calls emergency meeting

On Wednesday, the CJP took suo moto notice of the issue.

“It appears that subsequent to certain correspondence initiated by the President of Pakistan with the Election Commission, the President has taken the position that it is he who has the authority and responsibility for appointing a date for the general elections, in terms as provided in section 57(1) of the Elections Act, 2017,” he noted.

The chief justice observed that the issues raised require immediate consideration and resolution by this Court as several provisions of the Constitution need to be considered, as also the relevant sections of the Elections Act.