Election date case: SC judges question dissolution of KP, Punjab assemblies

FOOLS_NIGHTMARE · Feb 23, 2023

Justice Athar Minallah and Justice Mansoor Ali Shah of the Supreme Court (SC) on Thursday raised questions on the dissolution of Punjab and Khyber Pakhtunkhwa assemblies.

The observation from the judges came during the hearing of the suo moto notice on the election date for the Punjab and Khyber Pakhtunkhwa assemblies.

Chief Justice of Pakistan (CJP) Umar Ata Bandial had taken suo motu notice day earlier and formed a nine-member bench to hear the case. The bench held its first hearing today.

Apart from Justice Minallah, Justice Shah and CJP Bandial, the bench includes Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar.

During the hearing, Justice Athar Minallah remarked that it is to be seen whether provincial assemblies were dissolved as per the Constitution or not.

While Justice Shah wondered whether the assemblies can be dissolved on someone’s dictation.

Earlier at the outset of the hearing, the court observed that the authority for giving the date of the elections after the dissolution of the assembly needs clarification.

It stated that the Punjab and Khyber Pakhtunkhwa Assemblies were dissolved on January 14 and 17, respectively, and the elections have to be held in 90 days after the assembly dissolution under Article 224/2

The SC remarked that Punjab Governor Baligh ur Rehman says that he has not dissolved the provincial assembly on the chief minister's advice.

"It will be determined through the suo motu case that who has the authority to give the election date," the court remarked.

It said that the Election Commission of Pakistan (ECP) had also complained about not getting funds for holding the polls.

"Supreme Court won't tolerate the violation of Constitution," CJP Bandial remarked, adding that he was issuing a notice to the attorney general for Pakistan.

He said that the apex court wants to ensure that elections are held as per the Constitution.

The CJP observed that the court had to hear three matters: the timeframe of 90 days for elections under Article 224, president's authority to announce date of polls, and who had the authority to announce the date.

He said that the apex court had the February 10 order of a high court and several other factors in front of it.

At this, Barrister Ali Zafar interjected by saying that they wanted to bring some matters regarding the president on record.

"Violation of Constitution won't be tolerated under any circumstances," CJP Bandial said, adding that the proceedings will not be prolonged due to lack of time.

The chief justice then directed the parties to prepare their arguments for the next hearing.

He said that the court intended to hear all the parties.

PBC asks SC to reconstitute bench

Ahead of the hearing, the Pakistan Bar Council (PBC) has raised objections over the formation of the bench.

“The Supreme Court must include nine senior most judges in the bench,” the PBC said, adding Justice Qazi Faez Isa and Justice Sardar Tariq Masood should be added in the bench.

The addition of these two judges will give an impression of impartiality on the bench.

“We expect that Justice Sayyed Mazahar Ali Akbar Naqvi would voluntarily recuse himself from the bench,” said the PBC.

The notice

The Supreme Court had taken suo motu notice on Wednesday two days after President Dr Arif Alvi fixed April 9 as the date for elections to the provincial assemblies — a move condemned by the government as "unconstitutional and illegal".

Meanwhile, the Election Commission of Pakistan (ECP) also sought input from the attorney general of Pakistan (AGP) and other legal experts — but no official announcement has been made so far.

The issue of delay in elections was referred to the chief justice by a two-member Supreme Court bench comprising Justice Ahsan and Justice Naqvi in the Lahore Capital City Police Officer (CCPO) Ghulam Mehmood Dogar case on February 16.

According to the apex court’s statement, the bench will assess who is eligible to issue the date for polls, the constitutional responsibility of the federation and provinces, and who will fulfil the constitutional responsibility of conducting elections and when.

“It is the government’s responsibility to conduct elections in Punjab and KP according to the Constitution,” the top court’s statement read.

The Supreme Court added that the two provincial assemblies were dissolved on January 14 and 18, respectively.

“Under Article 224 (2), polls should be held within 90 days of the assembly dissolution. The Constitution mandates that polls be held within 90 days.”

The country’s top court also said that requests for the date of elections were also received from the Islamabad High Court bar and speakers of KP and Punjab assemblies.