Chief Justice of Pakistan Umar Ata Bandial said on Thursday that the Supreme Court will not tolerate the violation of the Constitution as the top court began its suo motu hearing to determine who has the constitutional responsibility and authority to announce the date for elections to a provincial assembly after it was dissolved in different situations, under the Constitution.
A nine-member bench of the SC, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, heard the suo motu notice of an apparent delay in the elections of Punjab and KP assemblies.
Apart from Justice Minallah and CJP Bandial, the bench includes Justice Ijaz Ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, and Justice Muhammad Ali Mazhar.
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 the funds.
“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 i.e, the timeframe of 90 days for elections under Article 224, president’s authority to announce date of polls, and that 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 on Monday.
He said that the court intended to hear all the parties.
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 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”.
KP, Punjab polls: Won’t tolerate violation of the Constitution, says CJP
