ISLAMABAD: Three-member bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justices Ijazul Ahsan and Munib Akhtar resumed hearing Election Commission of Pakistan’s petition asking apex court to revisit its April 4 order to hold polls for Punjab Assembly on May 14. Same bench has issued orders being challenged in petition. At outset of hearing, Attorney General of Pakistan Mansoor Awan said that at previous hearing court had asked why ECP had not raised these points before.

CJP said, “You should not fret. Bench is sitting here to hear you. If reasonable argument is raised, we will review it and take decision as well”. Contentions were raised in court but arguments were not presented on them, he said, adding that jurisdiction of review was discussed during yesterday’s hearing. “We will not use past against government. We work for blessings of God, not government” said CJP. “We sit here after rendering many sacrifices. Ask your colleagues to not say such things at door of court.” Do not make conversation difficult in courtroom, said Justice Bandial, chiding AGP. “We are quiet because we work for God alone. Entity you work for also does its own work.” CJP assured AGP Awan that court was hearing case without bearing any misgivings but reports attributed to bench were not always accurate.

Justice Akhtar expressed concerns over possible ramifications if ECP’s argument was accepted. “Review petition could be filed 10 years later claiming that rules are not applicable.”At this, ECP lawyer said that time period to file review petition should not be limited. This prompted Justice Akhtar to ask Swati for solution for concerns raised by bench at which ECP lawyer said rules could not bar constitutional motion for revision.

CJP Bandial observed that use of Article 184(3) had increased lot. “We realise that this can also lead to mistakes. In your view, it is not correct to limit scope of review and you want it to be expanded,” he said, addressing Swati. “Opinion of AGP will be taken on this matter. Now present arguments on actual case.” CJP remarked that ECP had said they would hold elections once security and funds are provided. “Now what is legal basis of these points? Nine-member bench had raised important questions in its order.”

CJP Bandial observed that interests of political parties seemed to lie elsewhere. “Instead of presenting arguments on legal grounds, objections were raised on bench itself and nine-member bench was reduced to five-member bench. That too on court orders.” he said.

CJP Bandial remarked that ECP did not inform president about points it is raising before court now. He questioned why ECP had not advised president to hold one-day polls. CJP pointed out that president was not told about 1970 elections nor was he informed of Article 218(3). He remarked that president was informed neither about security nor funds for polls. CJP observed that review in judges’ case was done through suo motu notice. Court adjourned hearing till 12pm today.

Published in The Daily National Courier, May, 25 2023

Like Business on Facebook, follow @DailyNCourier on Twitter to stay informed and join in the conversation.