ISLAMABAD: The Supreme Court questioned whether the entire general election 2024 was flawed, noting potential need for separate inquiry into each constituency.
A six-judge constitutional bench of the apex court, headed by Justice Aminuddin, on Monday, heard Pakistan Tehreek-e-Insaf (PTI)’s petition against the general elections.
During the proceeding, Justice Mandokhel also questioned whether the entire election could be deemed flawed, noting the potential need for separate inquiries into each constituency.
Hamid Khan, appearing on behalf of PTI founding chairman Imran Khan, argued the court had jurisdiction under Article 184(3) of the Constitution, but the bench reminded him of the need to exhaust relevant forums before approaching the apex court.
He criticised the judiciary for not taking suomotu notice of election-related issues, calling it “weak”. Justice Jamal Khan Mandokhail asked the senior lawyer to mind his language, saying, “You are a senior lawyer; choose your words carefully.”
Justice Mandokhel said that if there is difference between Form 45 and Form 47 then they have to go to a forum, adding for the examination of forms detailed inquiry is required.
Justice Muhammad Ali Mazhar advised Hamid Khan to come prepared on the next date. The PTI counsel said that they had appeared before the bench to remove registrar office’s objection on the petition, but the bench was hearing the case of merit.
The case was adjourned indefinitely. The petitioner’s counsel was given more time to address objections raised by the court’s registrar.
The PTI had filed the petition in March 2024 and pointed out that the elections were held after an inordinate delay and beyond the constitutionally mandated period of 90 days in the case of both the provincial and National Assembly as given in Article 223 of the Constitution.
It added that the election results were manipulated and the ECP failed to hold free and fair elections. They said that the only way to bring stability and ensure political and economic justice in Pakistan is to investigate and fix election irregularities.
Meanwhile, the bench hearing petitions regarding restoration of Students Union in universities, issued notices to the federation. The Court, after initial proceedings, observed that the Quaid-i-Azam University (QAU) had announced schedule for holding elections of the Students Union. It can be a role model for the rest of the universities in the country.
The petitions are filed by Hamza Muhammad Khawaja vs Federation of Pakistan through secretary Federal Education and Professional Training Islamabad and others and Muhammad Usama Amir, general secretary, IslamiJamiatTalaba Pakistan vs Federation of Pakistan through secretary Ministry of Interior and others.
During the proceeding, Justice Mandokhel remarked that the schedule for the students’ union elections has been issued in QAU, and the elections here should be seen as a pilot project. He said the politics has entered even the bar elections while political parties have formed their political wings in educational institutions.
Justice Mazhar questioned that is there a ban on students’ unions? When was this ban imposed? Political parties have political wings in Karachi University, students’ unions do not mean politics but the welfare of students, he said.
Justice Hassan Azhar Rizvi said that violence occurred in Karachi University due to student unions, due to which Rangers have been deployed there for 35 years.
The petitioners counsel advocate Umar Gilani said that Rangers were deployed in Karachi University due to special circumstances.
Justice Amin said that the Students Union is a nursery, these same people will later have to take care of the country.
Justice Rizvi said that the problem should be solved by sitting with good students.
Justice Mussarat Hilali said that let the children study, why are they being brought into politics. The case was adjourned for an indefinite period.
Copyright Business Recorder, 2025
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