ISLAMABAD: Justice Mansoor Ali Shah of the Supreme Court on Thursday raised questions on the dissolution of Punjab and Khyber Pakhtunkhwa (KP) assemblies, asking whether it can be done on someone’s dictation.
The observation from the judge came during the hearing of the suo moto notice on the election for the Punjab and Khyber Pakhtunkhwa assemblies.
A nine-member bench of the Supreme Court, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, heard the case. Apart from the CJP and Justice Shah, the bench includes Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah.
During the hearing, Justice Athar Minallah also remarked that it also needs to be seen whether provincial assemblies were dissolved as per the Constitution or not.
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 within 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 required funds from the government.
"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 and others.
He said that the apex court wants to ensure that elections are held as per the Constitution.
Ahead of the hearing, the Pakistan Bar Council (PBC) 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.
The addition of these two judges will give an impression of the impartiality of 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 a day earlier after President Dr Arif Alvi, earlier this week, fixed April 9 as the date for elections of 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.
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Original news : https://www.thenews.com.pk/latest//1043442-sc-begins-hearing-of-suo-motu-notice-on-delay-in-punjab-kp-polls