ISLAMABAD: Three major coalition partners in Pakistan Democratic Movement (PDM) government, Friday, objected to the inclusion of Justice Ijazul Ahsan and Justice Mazahar Ali Akbar Naqvi in the bench hearing suomoto on delay in the announcement of dates for elections of the Punjab and Khyber-Pakhtunkhwa assemblies.
A nine-member bench, headed by Chief Justice Umar Ata Bandial, was hearing the suomoto and the petitions of the Islamabad High Court Bar Association and the speakers of the Punjab and KP. Advocate Farooq H Naek, representing the PPPP, told that the leadership of Pakistan Peoples Party Parliamentarian (PPPP), JamiatUlema Islam-Pakistan (JUI-P) and Pakistan Muslim League-Nawaz (PML-N) have instructed him to request Justice Ijaz and Justice Naqvi to recuse them from the bench as they have already disclosed their mind.
Naek submitted that the division bench comprising Justice Ijaz and Justice Naqvi on 16-02-23 had already disclosed their mind on the subject matter in SMC No1 2023, as well as, the connected petitions. He also said that Justice Jamal Khan Mandokhail wrote a note on Thursday (23-02-23), which is very alarming, as the judge has raised serious objections on the suo motu.
The chief justice said he has not seen the note, but added the note is attached with the order (of 23rd February), which has not been signed.
Punjab, KP polls: CJP takes suo motu notice of delay
Naek said; “The leadership of their respective parties is of the view that in interest of justice, fair play and to protect the fundamental right to a fair trial and due process as guaranteed under Article 10A of the constitution, Justice Ijaz and Justice Naqvi may kindly abstain from hearing the suomoto, as well as, the connected petitions.” There is nothing personal against the judges, he said.
He submitted that Justice Ijaz and Justice Naqvi may not be part of the bench and as such kindly recuse themselves from hearing any matter involving PPPP, PML-N, and JUI-P and their leadership and in specific SMC 1 of 2023 and CPs No 1 and 2 of 2023.
Naek contended that the public at large has not come forward. A political party has come before the court, and the suomoto was taken.
Justice AtharMinallah suggested as the Court is hearing the matter under Article 184(3) of the constitution then would it not be appropriate that the Full Court hear it. Naek supported the proposal and said he did not want to go into the details but maintained that he believed that the case should be heard by a full-court bench.
Justice Jamal recommended as under the constitution the ECP is obligated to hold general elections within 90 days of the dissolution of assembly/ assemblies, but as there is confusion on who will give the date then why not send this matter to the Parliament that changed the law. Naek said he would convey the observation to the leadership. He then said the country is not only facing political uncertainty but also economic uncertainty, as the government is short of funds, adding “can’t they (PTI) wait for a few months when the tenure of the assemblies would be completed”.
Advocate MansoorAwan, on behalf of PML-N, contended that there is an issue of maintainability of the petitions as well. AzharSiddique, representing Chief of Awami Muslim League Sheikh Rasheed, argued that since yesterday (Thursday) judiciary is maligned in the media by the leaders of a political party. They pinpointed the judges of the bench, hearing the matter. The chief justice said: “We will look at this matter later on.”
Naek said before the Court enters into the realm of maintainability, the matter of formation and constitution of the bench be decided first.
The chief justice said the division bench passed the order on 16-02-23. However, the suomoto jurisdiction was invoked on 22-02-23, adding before invoking the suomoto jurisdiction under Article 184(3) some significant events also took place. The President of Pakistan passed an order on 20-02-23, and also the Speakers of the Punjab and Khyber Pakhtunkhwa filed petitions before the apex court.
He further said that the suomoto reflects importance. The chief justice remarked the citizens come to the Supreme Court for the enforcement of the constitution, but this time the constitution knocked at the door of the Supreme Court, adding they have to protect and defend the constitution.
At the onset of the hearing, the chief justice marked the presence of the Attorney General for Pakistan, advocate generals of all the four provinces and the ICT, counsels of governors Punjab and Khyber-Pakhtunkhwa, personal secretary to the president of Pakistan, and the counsels of the political parties.
The case was adjourned until Monday (February 27).
Copyright Business Recorder, 2023
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