SC fixes May 14 as new Punjab poll date after ruling ECP’s order to delay ‘unconstitutional'

[Browncaps]

This is the true plan of pdm traitors and generals.

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">German/American HR activist <a href="https://twitter.com/carin__fischer?ref_src=twsrc%5Etfw">@carin__fischer</a> exposes evil designs of imported regime of overthrowing <a href="https://twitter.com/hashtag/CJP?src=hash&ref_src=twsrc%5Etfw">#CJP</a> & installing Faez Issa who would give two-year extension to regime. Whether they think of living in stone age? You can't get away with such crimes against Pakistan. <a href="https://t.co/MQ0uSYcF7V">pic.twitter.com/MQ0uSYcF7V</a></p>— Mian Abrar (@mian_abrar) <a href="https://twitter.com/mian_abrar/status/1641229819227561986?ref_src=twsrc%5Etfw">March 30, 2023</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

[Browncaps]

Majors love for biased and mafia loving Dawn and its ppp nexus is further exposed. Their bureau chief is a ppp PR rep. PDMs illegal tactics to remain in power when at least 80% of Pakistan hates these traitors is out in the open with the support of that pmln pet faiz issa. Violating constitution and still no article 6 against these traitors by the SC. Lets see if Umar Bandial stands up to these criminals who are refusing to respect the will of the people and openly abusing the top court in the open.

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">So the bureau chief of Dawn in DC (who does PR for the PPP) tells me proudly that there will be a new CJ who will allow the elections to be postponed in September for at least 2 years. I guess that's the plan... Shamefull!</p>— carin jodha fischer (@carin__fischer) <a href="https://twitter.com/carin__fischer/status/1641062660186726400?ref_src=twsrc%5Etfw">March 29, 2023</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

[saeedhk]

The NA passed a bill which would allow Nawaz to appeal against his disqualification. Nawaz is going to be PM again!

 

[MenInG]

<blockquote class="twitter-tweet" data-partner="tweetdeck"><p lang="en" dir="ltr">Whether it's a 5 mbr SC bench or Full Bench, it makes no difference to us bec all we want to know is if elections will be held within the 90 days' constitutional provision. Before we dissolved our 2 Prov assemblies, I consulted our top constitutional lawyers, all of whom were</p>— Imran Khan (@ImranKhanPTI) <a href="https://twitter.com/ImranKhanPTI/status/1641394816364707840?ref_src=twsrc%5Etfw">March 30, 2023</a></blockquote>
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<blockquote class="twitter-tweet" data-partner="tweetdeck"><p lang="en" dir="ltr">absolutely clear that the 90-day Constitutional provision on holding of elections was inviolable. Now Imported Govt of crooks, their handlers & a compromised ECP are making a complete mockery of Constitution. By cherry picking which Articles of Constitution they will abide by,</p>— Imran Khan (@ImranKhanPTI) <a href="https://twitter.com/ImranKhanPTI/status/1641394818340343808?ref_src=twsrc%5Etfw">March 30, 2023</a></blockquote>
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[the Great Khan]

Great decision by Umar Bandial. Doesnt matter if you pti or pmln, constitution needs to be upheld which he has always.

PTI fans are in a dillema as they cant praise this decision because than they would have to accept the VONC proceedings that supreme court order according to constitution, so you see them mum here .

Nobody argues that a vonc in itself is illegal but everyone and their dog knows that was a regime change plan as highlighted by Bajwa. So your hit and giggle nonsense here like somekind of pathetic sports fan is silly immature and frankly ignorant.

 

[MenInG]

<blockquote class="twitter-tweet" data-partner="tweetdeck"><p lang="en" dir="ltr">Whether it's a 5 mbr SC bench or Full Bench, it makes no difference to us bec all we want to know is if elections will be held within the 90 days' constitutional provision. Before we dissolved our 2 Prov assemblies, I consulted our top constitutional lawyers, all of whom were</p>— Imran Khan (@ImranKhanPTI) <a href="https://twitter.com/ImranKhanPTI/status/1641394816364707840?ref_src=twsrc%5Etfw">March 30, 2023</a></blockquote>
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<blockquote class="twitter-tweet" data-partner="tweetdeck"><p lang="en" dir="ltr">absolutely clear that the 90-day Constitutional provision on holding of elections was inviolable. Now Imported Govt of crooks, their handlers & a compromised ECP are making a complete mockery of Constitution. By cherry picking which Articles of Constitution they will abide by,</p>— Imran Khan (@ImranKhanPTI) <a href="https://twitter.com/ImranKhanPTI/status/1641394818340343808?ref_src=twsrc%5Etfw">March 30, 2023</a></blockquote>
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<blockquote class="twitter-tweet" data-partner="tweetdeck"><p lang="en" dir="ltr">they are threatening the very foundation of Pakistan, which is the Constitution & Rule of Law. So petrified are they of elections & so desperate to whitewash their convicted ldrs that they are prepared to destroy the Constitution & any semblance of Rule of Law.</p>— Imran Khan (@ImranKhanPTI) <a href="https://twitter.com/ImranKhanPTI/status/1641394822601637892?ref_src=twsrc%5Etfw">March 30, 2023</a></blockquote>
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[daytrader]

New SC bench retains four judges in election delay case

The Supreme Court (SC) on Friday retained four judges of the five-member bench — excluding Justice Aminuddin Khan who recused himself a day earlier — hearing PTI’s petition against the Election Commission of Pakistan’s decision to delay polls to the Punjab Assembly.

According to a supplementary cause list issued by the SC registrar today, the new bench includes four judges i.e. Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar and Justice Jamal Khan Mandokhail.

The proceeding is expected to commence shortly.

A day earlier, Justice Khan withdrew himself from the bench hearing the case since he was a signatory to an order issued by a different bench, proposing the postponement of all cases instituted under Article 184(3) of the Constitution.

“In view of case No 4 of 2022 (awarding of 20 additional marks in MBBS or BDS degrees to candidates for memorising the Holy Quran), which is still in the field but the present bench is proceeding with the case (postponement of Punjab elections), therefore I recuse myself of the case,” Justice Amin said.

After the judge’s recusal, the original bench — which included the CJP, Justice Ahsan, Justice Akhtar, Justice Khan and Justice Mandokhail — retired for the day.

...
https://www.dawn.com/news/1745152/new-sc-bench-retains-four-judges-in-election-delay-case

 

[daytrader]

Poll delay case: SC bench in flux after another judge exits

Just moments after a four-member Supreme Court (SC) bench resumed hearing PTI’s petition against the Election Commission of Pakistan’s decision to delay polls to the Punjab Assembly, Justice Jamal Khan Mandokhail on Friday distanced himself from the bench.

The judge remarked that he believed he was a “misfit” in the four-member bench.

DAWN

 

[MenInG]

As a diminished Supreme Court bench — now at three members — resumed hearing the PTI’s petition against the Election Commission of Pakistan’s decision to delay polls in Punjab on Friday, Attorney General of Pakistan (AGP) Mansoor Awan told the SC that Pakistan was running a deficit of Rs1,500 billion.

He made this revelation while presenting arguments on why the Finance Ministry had refused to provide funds to the ECP for elections. Awan said that the interest rate was expected to rise to 22 per cent, which would further increase the country’s debt.

The hearing on PTI’s petition began at 2pm today after a delay in its scheduled time of 11:30pm because of the recusal of a judge.

The rescusal of Justice Jamal Khan Mandokhail, which came a day after Justice Aminuddin Khan, took the apex court by surprise today and fuelled calls from government figures to constitute a full court to hear the case.

The original bench included:

Chief Justice of Pakistan (CJP) Umar Ata Bandial
Justice Ijazul Ahsan
Justice Munib Akhtar
Justice Jamal Khan Mandokhail
Justice Aminuddin Khan

However, it was Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Muneeb Akhtar, who returned to the courtroom to continue the hearing.

The hearing

As the proceeding commenced, the chairman of the executive committee of the Pakistan Bar Council (PBC) appeared before the bench. However, the CJP said that the court will hear his arguments later.

“The bar has nothing to do with supporting anyone,” PBC’s Hasan Raza Pasha stated. “If not a full court bench, you can call a full court meeting.”

The CJP responded that he was pondering over it and went on to say that the SC judges shared good relations with each other.

“Two judges recused themselves from the hearing today and yesterday,” he said, revealing that polite conversations took place between the judges both before the recusals and afterwards.

“We also talked about some reservations. Some political issues came up which were fueled by the media and press conferences, but the court showed restraint throughout the matter.”

Justice Bandial noted that different SC judges were being criticised by different people and added that he was looking into the matter. “Meet me in my chamber on this matter,” he told Pasha.

The CJP further stated that Pasha had appeared in court for the first time today and told him to prove himself through his actions and not words. “I have been in contact with the president of the Supreme Court Bar Association … we respect you, come to my chamber.”

Justice Bandial said that if the matter was only related to “external image” then “our lives would have been peaceful”.

“Media persons sometimes say wrong things but the court always shows restraint,” the CJP remarked, adding that he would hold some meetings after the hearing. “Monday’s sun will rise with good news.”

Subsequently, the top court judge asked Attorney General of Pakistan (AGP) Mansoor Awan to present his arguments.

As he began, the AGP first requested the court to reduce the temperatures within it, stressing that everywhere in the country, the [political] temperature needed to be brought out.

“What did you do to reduce the friction?” the CJP asked here to which Awan replied that temperatures would only cool down with time.

“The court has always given precedence to the Constitution,” he asserted, recalling that judges in the past were taken out of their offices and jailed in their houses. “It is a miracle that they returned to the office, but some of the best judges in the 1990s could not come back.”

Justice Bandial maintained that the Constitution kept democracy alive. “Those who were in jail until yesterday are giving speeches in assemblies today and the reason for this is that they are representatives of the public.

“An assembly has a tenure and the head of the house has the right to dissolve it,” he said highlighting that the 90-day stipulated time for announcing elections was coming to a close in April.

The Punjab Assembly was dissolved on Jan 14. After back and forth with the ECP, President Arif Alvi had selected April 30 for polls in the province.

During the hearing today, the CJP noted that the date for the election suggested by the president was already beyond the 90-day time period. “The president was not briefed about the situation by the ECP.

“If they had done it, the president would not have given the date for April 30,” he said, pointing out that the matter in front of the court was of Oct 8.

“The court is not sitting here to increase problems. Either give us concrete reasons or commence a dialogue. One respondent [the PTI] is already giving the guarantee of its chairman and the government too will have to move on.”

The CJP further said that the tenure of the assemblies would be completed in August. “We can take a break for a few days if the government and opposition want to hold negotiations. If the negotiations don’t work out, we fulfil our constitutional role.”

But first, he continued, tell the court about the Rs20 billion expenditure on the elections. The CJP also recalled that he had suggested a cutback on expenditures earlier.

The CJP also highlighted the issue of terrorism in the country, saying that half of the polling stations were either sensitive or highly sensitive. “Only saying that there is terrorism in the country is not enough. Terrorism is from the 90s decade.

“The court was told that the forces are busy at the border. This matter has to be looked at as well,” he said.

At one point during the hearing, the AGP said that he read Justice Mandokhail’s dissenting note in yesterday’s court order, elaborating that the judge recused himself from the bench.

Other points raised are related to the March 1 verdict, he continued, referring to the SC’s suo motu proceedings on elections in Punjab and Khyber Pakhtunkhwa.

AGP Awan further emphasised that even the PTI petition being heard in court today was based on the March 1 verdict and recalled that during the suo motu proceeding “two members of the nine-member bench had distanced themselves from the bench”.

To this, CJP Bandial asked: “Who told you that two judges had recused themselves? Read the court order of Feb 27; where is it written so in the order?”

At that, the AGP read out loud the court’s Feb 27 order. When he finished, Justice Bandial highlighted that the court order said the matter was sent to the CJP for an afresh reconstitution of the bench. “If I wanted to, I could have even changed all the judges [in the bench].”

DAWN

 

[MenInG]

<blockquote class="twitter-tweet" data-partner="tweetdeck"><p lang="en" dir="ltr">As PMLN did in 1997 by storming SC to attack CJ Sajjad Ali Shah hearing a contempt petition against Nawaz Sharif, today PMLN is again threatening SC & CJP because they are petrified of elections. I want ppl of Pak to be ready to come out in streets if need be to save Rule of Law,</p>— Imran Khan (@ImranKhanPTI) <a href="https://twitter.com/ImranKhanPTI/status/1641742481971617794?ref_src=twsrc%5Etfw">March 31, 2023</a></blockquote>
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<blockquote class="twitter-tweet" data-partner="tweetdeck"><p lang="en" dir="ltr">the Constitution & democracy. We will be talking to all those pol parties who are prepared to stand up against this conspiracy. I especially appeal to Lawyers community to again take the lead as they did in 2007 Lawyers Movement to protect Pakistan's Constitution & Rule of Law.</p>— Imran Khan (@ImranKhanPTI) <a href="https://twitter.com/ImranKhanPTI/status/1641742484005855235?ref_src=twsrc%5Etfw">March 31, 2023</a></blockquote>
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[MenInG]

PML-N supremo Nawaz Sharif on Friday cast doubt on the verdict — which is yet to to come — by the three-member Supreme Court bench hearing the petition against the postponement of polls in Punjab.

A diminished Supreme Court bench — comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar — is currently hearing the PTI’s petition against the Election Commission of Pakistan’s decision to postpone elections to the Punjab Assembly till Oct 8.

 

[MenInG]

Crisis within the Supreme Court has further deepened as another judge, Justice Jamal Khan Mandokhail, recused himself from the larger bench hearing the case regarding the delay in provincial assemblies’ elections.

The lawyers were questioning what would be the legitimacy of the judicial proceedings wherein voices were being raised within the SC on the matter related to the postponement of elections of provincial assemblies.

Next week would be very crucial in the prevailing situation wherein there was also clash within the SC.

An unpleasant happening was witnessed, when the SC registrar on Friday issued a circular disregarding the two judges’ judicial order wherein it was held that hearing of all cases under Article 184 (3) of the Constitution be postponed until amendments were made in the SC Rules 1980 regarding CJP's discretionary powers to form special benches.

Now, the question arose whether a judicial order could be disregarded through an administrative order passed by the CJP.

https://tribune.com.pk/story/2409366/crisis-deepens-as-another-judge-recuses-himself

 

[Bewal Express]

These thugs are running from elections and yesterday a bhagora was given airtime on national TV to attack the SC judges. This affair has exposed how badly compromised many of the SC judges have become. The Nooras are openly running campaigns in favour of Easy Paisa, Minallah, Mandokhail, Mansoor and some other pathetic crook. The mafia judges are actually in the majority.

 

[MenInG]

A meeting of the coalition government and senior political leaders on Saturday expressed “no confidence” in the three-member Supreme Court bench — comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Muneeb Akhtar — hearing the postponement of polls in Punjab.

A diminished bench is currently hearing the PTI’s plea against the Election Commission of Pakistan’s (ECP) decision to postpone elections to the Punjab Assembly till October 8. The three-member bench was constituted after the original five-member bench was disbanded following the recusals of Justice Aminuddin Khan on Thursday and Justice Jamal Khan Mandokhail on Friday.

The recusals fuelled calls from government figures to constitute a full court to hear the case while PML-N supremo and former premier Nawaz Sharif hit out at members of the superior judiciary — specifically CJP Bandial and ex-CJP Saqib Nisar — for what he called “selective” benches for suo-motu notices.

Prime Minister Shehbaz Sharif chaired a meeting of leaders of the coalition government today to consider the overall situation and “devise a future strategy for the government” amid the country’s judicial crisis on top of long-ongoing economic and political crises.

DAWN

 

[MenInG]

Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Saturday warned that his supporters will take to the streets if elections are not held within 90 days.

The former prime minister has led country-wide protests after his ouster from power last year and has had a spate of cases registered against him. The police unsuccessfully tried to arrest him last month, leading to intense clashes with his party workers.

The PTI chairman has generated popular support among Pakistanis amid decades-high inflation and a crippling economic slowdown, with thousands rallying behind him on his call for demonstrations.

In a meeting with reporters and social media influencers at his Zaman Park residence in Lahore, the former prime minister stated that if polls are not held within the stipulated timeframe, the country would be left without a Constitution.

 

[MenInG]

Former prime minister and Pakistan Tehreek-e-Insaf chairman Imran Khan has said he is ready to hold talks on elections, ARY News reported.

“I have no contacts with anyone, but ready for talks on elections,” Imran Khan was quoted as saying in an interview.

The former premier said talks will only be held on elections. “No need for talks if elections are not held.” Imran Khan reiterated his resolve that he will not negotiate with the ‘corrupts’ and ‘thieves’.

 

[Bewal Express]

So the mafia are refusing to hold elections and are refusing to obey the SC. Remember [MENTION=135038]Major[/MENTION] and his friends telling us the importance of the constitution. Well boys your crooks never had and never will have respect for any democracy or democratic traditions.

 

[the Great Khan]

So the mafia are refusing to hold elections and are refusing to obey the SC. Remember [MENTION=135038]Major[/MENTION] and his friends telling us the importance of the constitution. Well boys your crooks never had and never will have respect for any democracy or democratic traditions.

They think they can do a Zia. They forget that much of the populace actually supported Zia and blamed bhutto for 71. Rightly or wrongly. Just look at his funeral.

Nobody supports these thugs. I'm not sure how long they can hold out.

 

[Bewal Express]

They think they can do a Zia. They forget that much of the populace actually supported Zia and blamed bhutto for 71. Rightly or wrongly. Just look at his funeral.

Nobody supports these thugs. I'm not sure how long they can hold out.

This is painful for the moment but this too will pass but what won't pass is the blatant threats to the SC to disregard the constitution. I don't trust CJP, I still believe that he knew that his decision last year would lead to the disaster we would face but as Bajwa said, he is weak and he showed his weakness. I still don't him to face down the mafia and uphold the constitution

 

[Gharib Aadmi]

The Supreme Court made the right decision on the No-Confidence movement, and its time for them to do the same in this case. Constitution is clear elections must be held within 90 days. There is no requirement that provincial elections must be held at same time as general election.

 

[daytrader]

All eyes on SC hearing in election delay case

A three-member bench of the Supreme Court will today take up the Punjab and KP election matter. The bench — headed by Chief Justice of Pakistan Justice Umer Ata Bandial — will take up the suo motu as well as PTI’s petition challenging the order of the Election Commission of Pakistan for postponing the Punjab election to October 8.

The Pakistan Democratic Movement (PDM) the other day expressed dissatisfaction with the bench hearing the matter.

Meanwhile, the counsel representing the PDM will chalk out a strategy together with the attorney general in the Supreme Court at 9 am today before the commencement of the hearing in the matter.

Kamran Murtaza, counsel for the JUI-F, told The News that they will argue before the court after receiving instructions from the PDM leadership.

He said the leadership will decide whether they should boycott the proceedings of the court or not.

As the court has already declined to constitute a full court bench, therefore, it will be decided whether the proceedings should be boycotted or not, he added.

During the last hearing, the attorney general, as well as the Pakistan Bar Council, had requested the court to constitute a full court for hearing the matter. The court, however, rejected the government's request.

The court had summoned the secretary of finance and secretary of defence for today.

...
https://www.thenews.com.pk/print/1056693-sc-takes-up-election-case-today

 

[MenInG]

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday once again ruled out the formation of a full court to hear PTI’s petition against the Election Commission of Pakistan’s (ECP) decision to postpone elections to the Punjab Assembly till Oct 8 and suggested that the government could instead request for a larger bench to hear the case.

DAWN

 

[MenInG]

<blockquote class="twitter-tweet" data-partner="tweetdeck"><p lang="en" dir="ltr">Today we stand at a turning point in our Constitutional history where we can be like Turkiye or become another Myanmar. Everyone must choose whether they stand, as PTI does, with Constitution, Rule of Law & democracy; or with a corrupt mafia, law of the jungle & fascism.</p>— Imran Khan (@ImranKhanPTI) <a href="https://twitter.com/ImranKhanPTI/status/1642822889907912708?ref_src=twsrc%5Etfw">April 3, 2023</a></blockquote>
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[MenInG]

The Supreme Court will announce its verdict on the PTI’s petition challenging the Election Commission of Pakistan’s (ECP) decision to postpone polls to the Punjab Assembly till Oct 8 on Tuesday (tomorrow).

A three-member bench — comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar — reserved the judgment today after hearing all the parties, including the government, the PTI, the ECP and others. However, it did not hear the counsels of the coalition parties.

Key developments

Govt submits “concise statement” requesting formation of full court
CJP says harmony among judges crucial for top court; while judicial proceedings are made public, consultations among judges considered internal matters
Court stops PPP, PML-N lawyers from presenting arguments on the basis of the coalition government expressing no-confidence in the bench hearing the case
PTI says govt failed to present constitutional argument for delaying polls

DAWN

 

[Savak]

Qazi Faez Isa is doing everything he can to facilitate the PDM and to usurp the current CJ of Pakistan Umar Atta Bandyal.

 

[MenInG]

The Supreme Court ruled on Tuesday that the Election Commission of Pakistan’s (ECP) decision to postpone polls to the Punjab Assembly till Oct 8 was unconstitutional and fixed May 14 as the date for polls in the province.

“The impugned order dated 22.03.2023 made by the Election Commission of Pakistan is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and is hereby quashed,” the ruling said. “Neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution.”

The ECP had on March 22 announced that the elections in Punjab would be held on October 8. The date was earlier set on April 30, in consultation with the president.

The reserved verdict was issued today by a three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan.

In the written verdict, a copy of which is available with Dawn.com, the top court restored the election schedule issued by the ECP on March 8 with certain modifications.

The changes made by the court in the election programme are:

The last date for filing appeals against decision of the returning officer rejecting/accepting the nomination papers is April 10
The last date for deciding on appeals by the Appellate Tribunal is April 17
The revised list of candidates will be published on April 18
April 19 will be the last date for the withdrawal of candidature and publication of the revised list of candidates
Electoral symbols will be allotted to contesting candidates on April 20
Polling will be held on May 14

The court noted that during the course of hearings, the ECP had categorically stated that if it was provided with necessary aid and assistance by the executive authorities in the provinces and Centre, then the commission would be able to organise and conduct the general elections to the Punjab and Khyber Pakhtunkhwa (KP) assemblies honestly, justly and fairly.

Keeping this in view, the court directed the federal government to release election funds worth Rs21 billion to the ECP by April 10 for elections to the assemblies of Punjab and KP.

“The Commission shall, by April 11, file a report in the court stating whether the said funds have been provided and received and if so, whether in full or in part. The report shall be placed before the members of the bench for consideration in chambers.

“If the funds have not been provided or there is a shortfall, as the case may be, the court may make such orders and give such directions as are deemed appropriate to such person or authority as necessary in this regard,” the SC order said.

It directed the ECP to utilise the funds for elections to the Punjab Assembly in the first instance and added that if there was a shortfall in funds for polls in KP later, the ECP “may make an appropriate representation to this court for such consideration and orders as deemed appropriate”.

The court also instructed the Punjab caretaker government, inspector general and chief secretary (security) to provide the electoral body with a security plan by April 10.

“Furthermore, in any case, the Government of Punjab and all officials thereof must, in the discharge of constitutional and legal duties and responsibilities, proactively provide all aid and assistance to the Commission for the holding and conduct of the general election,” the apex court verdict said.

It went on to say that the federal government, in the discharge of its constitutional duties, was bound to provide aid and assistance to the ECP as required by it for holding elections in Punjab and KP.

“Without prejudice to the generality of the foregoing, the federal government must make available all necessary personnel, whether from the Armed Forces, Rangers, Frontier Constabulary and all other forces under the direct, indirect or ultimate command and control of the said Government, as are required by the Commission for security and other purposes related to the general elections.”

In this regard, the federal government should provide a plan to the ECP by April 17, the SC stated.

It warned that if the Centre or the Punjab caretaker government failed to provide aid and assistance to the ECP, the commission could approach the court and an appropriate order would be passed on the matter.

Referring to elections in KP, the SC recalled that the counsel of the KP governor had withdrawn from appearance in court “on account of a certain stand taken by a political party which learned counsel was also representing”.

“The Governor, KP province, therefore, ceased to have representation before the court,” it maintained, pointing out that the matter on elections in KP was not adjudicated upon. “Permission is granted to the petitioners to file such petition and/or seek such relief before such forum as is deemed appropriate.”

The top court also mentioned its March 1 verdict in today’s order. In a 3-2 order last month, the SC had ruled that elections in KP and Punjab should be held within 90 days.

However, the government had disputed the court directions, calling the verdict 4-3 instead after Justice Jamal Khan Mandokhail and Justice Syed Mansoor Ali Shah — who were among the four judges who had written additional notes — raised objections on the constitution of the bench as well as the invocation of the apex court’s suo motu jurisdiction by the chief justice.

In its verdict today, the court said: “Respectfully, the position as claimed by the learned Judges in minority is erroneous and not sustainable in law.”

The SC further maintained that the March 29 judgement issued by Justice Qazi Faez Isa and Justice Aminuddin Khan did not have any effect on any observations made in today’s order.

In the 12-page order, the judges had called for the postponement of suo motu matters until amendments were made to Supreme Court Rules 1980 regarding the country’s top judge’s discretionary powers to form benches.

The SC’s much-anticipated decision on the PTI petition was announced by the top judge in Court Room 1 where coalition leaders, journalists and lawyers were in attendance. Outside the apex court’s building, heavy security was deployed with a large contingent of police guarding the main entrance.

Political crisis will further aggravate: law minister

In a press conference shortly after the verdict was announced, Law Minister Azam Nazir Tarar lamented the ruling and said the SC should have made a decision with “collective wisdom”. “The full court should have heard the case,” he added.

The minister foresaw that the “current political situation and crisis will further aggravate”.

He said ECP lawyers and other stakeholders had argued that the court should first decide on the March 1 verdict — which was “rejected 4-3 […] a full court should have cleared this confusion.”

He said the cabinet would discuss the matter in its meeting today.

Earlier today, Interior Minister Rana Sanaullah had said that elections should be held in the country simultaneously, adding that separate polls to provincial assemblies will only create anarchy, chaos and further political crises.

PTI calls verdict a ‘watershed moment’
Meanwhile, PTI vice-chairperson Shah Mahmood Qureshi congratulated the nation and said: “Today, the Supreme Court has buried the doctrine of necessity, restored the sanctity of the Constitution and buried all those conspiratorial forces that were creating hurdles in the way of democracy and a democratic and constitutional system in this country.”

PTI’s Shah Mahmood Qureshi and Barrister Ali Zafar talk to media persons outside SC on Tuesday. — DawnNewsTV
Speaking to the media outside the SC, he said today was a very important day in Pakistan’s political history. “I will call it a watershed moment,” he added.

Qureshi further said that today a clear distinction was made between democratic and constitutional forces and unconstitutional forces.

The PTI leader went on to say that the chief election commissioner was also now free to hold elections. “His hands that were bound are free now … He used to speak of [a lack of] resources and security personnel, but all of that is available now.

“The Supreme Court has freed them of all pressures and told them that it is their constitutional responsibility to hold free, fair and credible elections. They should fulfil their constitutional responsibility now,” he added.

Separately, PTI’s Fawad Chaudhry praised the CJP for the order, calling him a “people’s chief justice”.

“Very few people have the privilege to get the amount of respect that has come towards Justice Bandial and his fellow judges today,” he said.

‘SC has solved the lesser of the crises it is in’
Speaking to Dawn.com, legal expert Barrister Asad Rahim said that despite extraordinary pressure, the SC had done its duty to the law and Constitution, and singlehandedly kept democracy alive.

“It is a good day for the rule of law, and for Pakistan as a federation,” he said, adding that it now fell on the state – and the people – to make sure the judgment was enforced.

Lawyer Abdul Moiz Jaferii told Dawn.com that by declaring the ECP decision to delay polls till October illegal, the Supreme Court has “solved only the lesser of the crises it was involved in”.

“The greater crisis is of the court’s own making, and the CJP’s failure to build consensus amongst his colleagues leaves it unresolved. It is this failure to form a full court and exhibit a united front which has allowed for the government to issue the threats it has subtly conveyed over the weekend. These threats will only get louder now that the expected decision has been announced.”

He added that the government has repeatedly attempted to argue that the scheme of the Constitution requires the federal and provincial elections to be held concurrently.

“This is rooted in the government finding this politically expedient rather than any consistent respect for the constitutional rule as their commentary about the Supreme Court bench reflects,” Jaferii said.

“As they are facing a likely defeat due to Imran Khan’s surging popularity; it is likely that they will try their best to delay the implementation of this order through a steady drip of creative excuse-making,” the lawyer added.

Lawyer Basil Nabi Malik said doing the right thing the wrong way did not resolve issues, it only created new ones. “And that is precisely what this decision has done.”

DAWN

 

[MenInG]

Pakistan Tehreek-e-Insaf (PTI) leaders on Tuesday celebrated the Supreme Court's (SC) decision declaring the Election Commission of Pakistan’s (ECP) decision to delay the Punjab elections "null and void", while the coalition government criticised it.

Earlier today, a three-member SC bench hearing the PTI petition challenging the delay in Punjab polls "nullified" the ECP's decision, declaring it "unconstitutional".

The apex court announced that general elections of the Punjab Assembly would be held on May 14.

Following the announcement, PTI Vice Chairman Shah Mahmood Qureshi said that today marks "the most important day in the political history of Pakistan".

Speaking to media outside the SC, he said that the nation is proud that those who make decisions based on the Constitution and conscience are still alive today.

"Today, the Supreme Court has buried the doctrine of necessity forever," he said adding that "the difference between democratic, constitutional forces and non-democratic, unconstitutional forces has become clear today".

"I congratulate the black-coated lawyers across the country for coming out for the supremacy of the Constitution," said the PTI leader.

Read Imran granted interim bail till April 13 in three cases

In a tweet, PTI Secretary General Asad Umar said that the "attempt to deviate from the constitution" and the doctrine of necessity has been rejected.

PTI leader Shireen Mazari also upheld the verdict and maintained that the "constitution stands reaffirmed" by the SC.

"[The] election schedule, with [a] minor adjustment for 13 days wasted by [the] ECP, stands valid," she tweeted.

The PTI leader added that the Election Commission's decision on March 22 to delay the Punjab elections "had no basis in [the] constitution and the law," and that the ECP's "shenanigans stand exposed yet again".

Leader of the Opposition Dr Shahzad Waseem said that the "historic decision of the Supreme Court is a victory for the Constitution and democracy."

Read More Govt trying to 'influence' SC decision

He furthered that "the entire nation pays tribute to the Chief Justice and the Supreme Court for establishing the supremacy of the Constitution".

Govt against SC verdict

Criticising the apex court's decision, the Pakistan Muslim League-Nawaz (PML-N) reiterated its demand for a formation of a full court.

In a tweet, the PML-N said that the country will be run by its elected representatives and its elected representatives are saying that a full court should be formed.

It is pertinent to note that on Monday, during the hearing of the case, Chief Justice of Pakistan Umar Ata Bandial had suggested that the government could request the formation of a larger bench, not a full court.

Railway Minister Khawaja Saad Rafique said that "the decision of the three-member bench seems to deepen the constitutional and political crisis."

He maintained that "the internal division of the Supreme Court is very unfortunate."

Meanwhile, lawyers held a protest against the top court's ruling nullifying the ECP's decision to delay the Punjab Assembly elections.

Crowds chanted slogans refusing to accept the SC's decision. "We reject [a] one-man show," read a poster held by a woman during the protest.

A day earlier, fearing the SC decision to be in favour of the PTI, Law Minister Azam Nazeer Tarar had warned that the government would not accept if the top court delivers its verdict on a sensitive and important issue in haste.

Speaking on the floor of the National Assembly, the law minister had said that the entire nation was waiting for the top court’s decision and categorically stated that any hasty decision on such a sensitive issue would be rejected.

Express Tribune

 

[Bewal Express]

Qazi Faez Isa is doing everything he can to facilitate the PDM and to usurp the current CJ of Pakistan Umar Atta Bandyal.

This clown is the most blatantly corrupt judge we have ever seen on the SC. At each stage he has done everything to block the elections, which is unconstitutional. The loser has no shame, he hid his wealth behind his wife and used technicalities to avoid giving the money trail.

 

[MenInG]

Prime Minister Shehbaz Sharif on Tuesday termed the Supreme Court’s decision in the delayed Punjab polls case as another “murder of justice” akin to former prime minister Zulfikar Ali Bhutto’s “judicial murder”.

Earlier today, the Supreme Court ruled that the Election Commission of Pakistan’s decision (ECP) to postpone polls to the Punjab Assembly till October 8 was “unconstitutional” and fixed May 14 as the date for polls in the province.

The reserved verdict was issued by a three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan.

Responding to the verdict in his brief National Assembly address, the prime minister paid tribute to Bhutto — who was hanged to death on the orders of the then Supreme Court on April 4, 1979 — on his 44th death anniversary.

“What injustice of the date this is that today is April 4 and former prime minister Zulfikar Ali Bhutto’s judicial murder happened today and today again justice was murdered regarding the election-related proceedings in the last 72 hours.”

The prime minister said no amount of condemnation would suffice for the above.

He said the federal cabinet also decided today that a reference over Bhutto’s “judicial murder”, which had been pending for the last 12 years, should be taken up and decided by a full court.

Maryam cast aspersions on the three-member bench that issued the verdict, claiming that the “one-man show” in the SC had been challenged from inside the apex court.

She then called on the Parliament to “stop this facilitation” through its constitutional and legal powers.

https://www.dawn.com/news/1745884/m...erdict-reminiscent-of-bhuttos-judicial-murder

 

[Bewal Express]

Prime Minister Shehbaz Sharif on Tuesday termed the Supreme Court’s decision in the delayed Punjab polls case as another “murder of justice” akin to former prime minister Zulfikar Ali Bhutto’s “judicial murder”.

Earlier today, the Supreme Court ruled that the Election Commission of Pakistan’s decision (ECP) to postpone polls to the Punjab Assembly till October 8 was “unconstitutional” and fixed May 14 as the date for polls in the province.

The reserved verdict was issued by a three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan.

Responding to the verdict in his brief National Assembly address, the prime minister paid tribute to Bhutto — who was hanged to death on the orders of the then Supreme Court on April 4, 1979 — on his 44th death anniversary.

“What injustice of the date this is that today is April 4 and former prime minister Zulfikar Ali Bhutto’s judicial murder happened today and today again justice was murdered regarding the election-related proceedings in the last 72 hours.”

The prime minister said no amount of condemnation would suffice for the above.

He said the federal cabinet also decided today that a reference over Bhutto’s “judicial murder”, which had been pending for the last 12 years, should be taken up and decided by a full court.

Maryam cast aspersions on the three-member bench that issued the verdict, claiming that the “one-man show” in the SC had been challenged from inside the apex court.

She then called on the Parliament to “stop this facilitation” through its constitutional and legal powers.

https://www.dawn.com/news/1745884/m...erdict-reminiscent-of-bhuttos-judicial-murder

So holding elections within the stipulated time is akin to murder. This useless clown has about much intelligence as street grabage. I hope he stands tall and goes against the ruling and be done for contempt. His niece is desperate for him to be disqualified and will almost certainly urge contempt. Let's see the idiot follow nieces orders

 

[daytrader]

Prime Minister Shehbaz Sharif has summoned a meeting of the parliamentary leaders of the coalition parties, citing sources, ARY News reported on Tuesday.

PM Shehbaz Sharif summoned the meeting of parliamentary leaders of the coalition parties on Wednesday evening (today) at PM House. The participants of the upcoming meeting will hold consultation after the Supreme Court’s (SC) verdict in the election case.

Sources said that the coalition parties will mull over a strategy to highlight the government’s stance in the parliament.

ARY

 

[MenInG]

 

[MenInG]

The Election Commission of Pakistan (ECP) on Wednesday announced the schedule for elections in Punjab — which are to be held on May 14 as directed by the Supreme Court, ARY News reported.

According to the electoral watchdog notification, the polling for the Punjab Assembly elections will be held on May 14, 2023. The ECP also withdrew its earlier schedule regarding the holding of general elections in Punjab in October.

As per the schedule, appeals can be filed against the decisions of Returning Officers regarding rejection or accepting nomination papers on April 10.

 

[MenInG]

After the political parties, the Election Commission of Pakistan issued a code of conduct for the national and international media.

According to a statement issued by the ECP, no material against the integrity of the country and the independence of the judiciary would be published or released.

“The international media have also been instructed to follow the instructions and submit the visa on time.”

The statement added, “Statements aimed at harming national unity and disrupting public order will not be published during the election campaign. Newspapers as well as digital and social media will also be bound by it.”

It said, “Personal attacks, including religion, race, gender and caste will be avoided. Legal action will be taken on any such complaint.”

During the election campaign, the ECP said, the media should avoid any material that “disturbs the law and order situation on the polling day”.

The media should not be part of a government-sponsored political campaign, the ECP said, adding that the media should contact it to verify allegations of one candidate against the other.

The media was also barred by the ECP from reporting the results for an hour after the polling ended.

Express Tribune

 

[daytrader]

President raises issue of caretakers with PM
Alvi asks Shehbaz to look into legality of Punjab, K-P govts going beyond 90 days

President Arif Alvi on Thursday expressed concern over the term of caretaker governments in Punjab and Khyber-Pakhtunkhwa exceeding 90 days and sent PTI senior leader Fawad Chaudhry’s letter written in this regard to Prime Minister Shehbaz Sharif with an additional note.

PTI Chairman and former premier Imran Khan had dissolved both the provincial assemblies in January this year in a bid to force the federal government to hold snap elections.

As the caretaker set-ups in Punjab and K-P are set to complete their 90-day term on April 22, Fawad on Sunday wrote a letter to President Alvi requesting him to ask the apex court to stop any violation of “mandatory constitutional commands”.

“This is to draw your kind attention towards the breach of mandatory constitutional commands by the federal government and the Election Commission of Pakistan (ECP),” read the letter.

Fawad said under Article-224 of the Constitution caretaker governments are installed for 90 days in order to ensure fair and transparent elections.

Read Punjab elections on May 14 can lead to chaos, ECP tells SC

He noted that the interim set-ups in both the provinces had completed their constitutional time period. He added that the Constitution did not provide for continuation or extension of the period fixed for the interim set-ups.

In his additional note, President Alvi asked the premier to consider the issues raised by the former federal minister to ensure the supremacy of the Constitution and strengthening of democracy in the country.

On Wednesday the PTI filed a formal application with the Supreme Court on behalf of former Punjab Chief Minister Chaudhry Pervaiz Elahi and former K-P Chief Minister Mehmood Khan.

The application sought immediate removal of the caretaker chief ministers upon the completion of their constitutional term and requested that they be barred from exercising their powers.

The former ruling party also requested the apex court to establish a procedure for supervising the daily affairs of Punjab and K-P until the formation of elected governments following general elections.

The petition made the federal government a party to the case through the secretaries of interior, finance, and law and justice.

Express Tribune

 

[MenInG]

Amid an impasse between the judiciary and the executive over the matter of early polls in Punjab, Pakistan Muslim League Nawaz (PML-N) Chief Organiser Maryam Nawaz asserted Monday that the Supreme Court will have to accept parliament’s decision on the matter.

Addressing a workers' convention in Lahore to mark International Labour Day, Maryam, while referring to the Supreme Court’s three-member bench hearing the Punjab polls delay case, said the nation is eagerly awaiting the top court’s verdict.

"You will have to accept the decision of the Parliament. If the Constitution of the country is supreme then parliament is also supreme," she remarked.

Maryam was referring to the parliament's move to reject a money bill seeking funds for the Election Commission of Pakistan (ECP) to hold elections in Punjab and Khyber Pakhtunkhwa, despite the top court’s order.

During the last hearing of the polls delay case, a three-member bench led by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan urged the ruling alliance and the opposition party Pakistan Tehreek-e-Insaf (PTI) to sit together for talks on elections for the sake of the Constitution.

"Please for the sake of the Constitution sit with each other," remarked CJP Bandial while wrapping up the election delay case’s hearing on April 27.

Commenting on the case proceedings, Maryam said an honourable judge of the apex court raised questions over the PTI’s move to dissolve the assemblies of Punjab and Khyber Pakhtunkhwa.

She quoted the judge as saying that the reason for dissolving assemblies needed to be sorted out before deciding the case.

"The senior judges of the Supreme Court raised their voice against the conspiracy," Maryam added.

The ruling party leader said PTI wanted the elections in the country soon "otherwise, there will be no one to help them win the elections".

Maryam said the PTI chief himself admitted that he dissolved the provincial legislatures on the advice of former army chief General (retd) Qamar Javed Bajwa.

In the same address, Maryam also took a swipe at former chief justice justice (retd) Saqib Nisar, accusing him of using influence to bring Imran back in power.

She also referred to the latest audio leak of former top judge's son, Najam Saqib, wherein he could be purportedly heard demanding a bribe from a PTI aspirant in return for an election ticket.

Addressing the former top judge, Mayram asked him to tell how much money he took for convicting her father, former PM Nawaz Sharif, in the Panama Papers case.

"Tell me if Rs12 million for a ticket, then how much was it for Panama?" she remarked.

 

[MenInG]

The Election Commission of Pakistan (ECP) filed a review petition on Wednesday against the Supreme Court’s (SC) month-old order fixing May 14 as the date for Punjab polls.

In the petition, the electoral watchdog maintained that changing the election programme was the solitary domain of the ECP under section 58 of the Elections Act, 2017.

Under no provision of the Constitution or the law could the court have taken such an exercise upon itself to fix a poll date, the electoral watchdog maintained in its plea.

The commission further stated that “appointing of date or changing it, is an executive exercise, and certainly not a judicial exercise”.

Read Govt, PTI to go for final round of talks today

“The ECP appears to simply have no choice, given the strict timeline to meet for the elections, but to accept as a fate accompli, a security plan which may be compromising the integrity, honesty and fairness of the elections,” the petition added.

The electoral watchdog in its petition also stressed on a “strong and empowered commission”.

 

[Bewal Express]

The Election Commission of Pakistan (ECP) filed a review petition on Wednesday against the Supreme Court’s (SC) month-old order fixing May 14 as the date for Punjab polls.

In the petition, the electoral watchdog maintained that changing the election programme was the solitary domain of the ECP under section 58 of the Elections Act, 2017.

Under no provision of the Constitution or the law could the court have taken such an exercise upon itself to fix a poll date, the electoral watchdog maintained in its plea.

The commission further stated that “appointing of date or changing it, is an executive exercise, and certainly not a judicial exercise”.

Read Govt, PTI to go for final round of talks today

“The ECP appears to simply have no choice, given the strict timeline to meet for the elections, but to accept as a fate accompli, a security plan which may be compromising the integrity, honesty and fairness of the elections,” the petition added.

The electoral watchdog in its petition also stressed on a “strong and empowered commission”.

A institution whose sole role is to organise elections, falls into mafia hands and refuses to organise elections. Another institution destroyed by the Generals and NS.

 

[MenInG]

The ruling party has filed a reference to the Election Commission of Pakistan (ECP) against seven people including former premier Imran Khan and former chief justice (CJP) Saqib Nisar, requesting the polls supervisory authority to remove Imran as chairman of the Pakistan Tehreek-e-Insaf (PTI) party.

Pakistan Muslim League-Nawaz’s (PML-N) Muhammad Ahmed Khan and Atta Tarrar Wednesday lodged the complaint under the Elections Act, 2017 read with Article 218(3), claiming that Imran and six other people engaged “in bribery, corrupt practices and selling of the tickets to candidates for election to the Punjab Assembly.”

The complainants referred to a couple of audio clips that emerged on social media on April 29.

In one audio clip, a voice purported to be that of Najam Saqib, a son of former CJP Nisar, could be heard saying to the person on the other end that his father had worked very hard to get the job done.

 

[MenInG]

The Supreme Court Thursday clarified that negotiations between the ruling Pakistan Democratic Movement (PDM) and the Pakistan Tehreek-e-Insaf (PTI) to end the political deadlock on the general election's timeframe were initiated in a volunteer capacity and that the top court did not issue any direction in this regard.

In a three-page verdict of the April 27 proceedings of the Punjab election delay case, the apex court said its April 4 verdict directing the Election Commission of Pakistan (ECP) to hold Punjab elections on May 14 “remained unchanged”.

“The Court appreciates the efforts of all parties to try to end the current political impasse and in particular their voluntary agreement to enter into negotiations to choose a single date for holding General Elections to the National Assembly and the four Provincial Assemblies,” read the verdict issued by a three-member bench led by Chief Justice Umar Ata Bandial.

The apex court also clarified that the “negotiations between the two sides were entirely to be their own effort, without any direction or order of the Court in this regard in any manner”.

“It was also made clear that the order of 04.04.2023 in Const. P.5 of 2023 remained unchanged,” the verdict added.

The development came a day after the ECP moved the Supreme Court against its directives to hold elections to the Punjab Assembly on May 14, urging it not to intervene in its matters.

In a 14-page petition — a copy of which is available with Geo.tv, the electoral body said that the apex court should review its decision as the judiciary “doesn’t have the authority to give the date of elections”.

A day earlier, the PTI submitted a report to the Supreme Court on negotiations with the PDM-led government, requesting the top court to ensure implementation of its April 4 judgement regarding holding elections to the Punjab Assembly on May 14.

In the report, the PTI — the main opposition party led by Imran Khan — apprised the apex court of progress on negotiations, saying it held three rounds of talks with the team of ruling PDM, an alliance of 13 political parties, in line with the commitment made to the top court in the Punjab elections delay case.

During the make-or-break talks on Tuesday, both the opposition and ruling alliance negotiating teams agreed on holding general elections across the country on the same date but failed to evolve a consensus on the timing of the elections.

The PDM-led government has rejected the PTI’s demand to dissolve all assemblies before May 14 to pave the way for elections before the passage of the federal budget in June.

 

[Bewal Express]

The SC is weak. It should have taken these crooks to task 2 months, but instead it has allowed the constitution to be broken without any consequences.

 

[daytrader]

PTI AGREED ON SAME-DAY ELECTIONS, GOVT TELLS SC

The federal government has submitted its response to the Supreme Court (SC) regarding dialogue with the Pakistan Tehreek-e-Insaf for developing consensus on the elections in the country, ARY News reported on Friday.

The statement submitted by Finance Minister Ishaq Dar through the attorney general of Pakistan said the negotiations with PTI for elections yield positive results. “The coalition partners showed flexibility in the talks.”

In the negotiations, the matter of dissolving assemblies before time was also discussed but no consensus was reached on the matter. The coalition-govt believes that the solution to political matters lies in negotiations, the reply submitted by Ishaq Dar to SC read.

In the larger interest of the country, the coalition govt is ready to commence the talks again, the SC was told by the federal govt.

PTI submits report to SC
On Wednesday, Pakistan Tehreek-e-Insaf (PTI) submitted a detailed report of negotiations with the ruling alliance in the Supreme Court (SC).

The report had been submitted to SC Registrar’s Office with the details regarding three rounds of talks held with the coalition government.

Taking to his Twitter handle earlier, Fawad wrote that the party in its report will also request the apex court to implement its order [April 4 verdict] regarding the Punjab Assembly elections.

...
https://arynews.tv/pti-agreed-on-same-day-elections-govt-tells-sc/

 

[MenInG]

Chief Justice of Pakistan (CJP) Umar Ata Bandial said on Friday that the Supreme Court would not “sit idle” on its order on holding elections in Punjab on May 14 if the talks between the government and the PTI failed.

He passed these remarks as the top court resumed hearing a petition pertaining to one-day elections following three-day negotiations between the federal coalition and the opposition to agree on a specific date for nationwide polls.

After the negotiations came to an end on Tuesday, the PTI submitted a report to the court stating that no resolution was reached and requested that the court enforce its April 4 order regarding elections in Punjab.

In the last hearing on April 27, the three-member Supreme Court bench comprising CJP Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar — also made it clear to the negotiating parties that its April 4 order on Punjab Assembly elections had remained unchanged.

https://www.dawn.com/news/1751040/s...njab-polls-verdict-if-govt-pti-talks-fail-cjp

 

[MenInG]

An eight-member larger bench of the Supreme Court (SC) on Monday grilled Attorney General of Pakistan (AGP) Mansoor Usman Awan over the government’s plea to form a full court to hear a set of petitions against a law aimed at limiting the powers of the chief justice of Pakistan (CJP).

The bench comprised CJP Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

At the last hearing on May 2, CJP Bandial had sought the record of National Assembly (NA) proceedings from when the bill, which has since become an act of Parliament, was deliberated upon by the House.

The bench had directed the attorney general for Pakistan (AGP) to furnish copies of the proceedings of the standing committee and the House “to understand the concerns and views of the lawmakers while passing the bill”.

 

[Bewal Express]

An eight-member larger bench of the Supreme Court (SC) on Monday grilled Attorney General of Pakistan (AGP) Mansoor Usman Awan over the government’s plea to form a full court to hear a set of petitions against a law aimed at limiting the powers of the chief justice of Pakistan (CJP).

The bench comprised CJP Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

At the last hearing on May 2, CJP Bandial had sought the record of National Assembly (NA) proceedings from when the bill, which has since become an act of Parliament, was deliberated upon by the House.

The bench had directed the attorney general for Pakistan (AGP) to furnish copies of the proceedings of the standing committee and the House “to understand the concerns and views of the lawmakers while passing the bill”.

The bill was bulldozed through as revenge for the SC upholding the law. [MENTION=135038]Major[/MENTION] what can be more anti state than ignoring SC decisions and threatening the judges. What can be more anti state than having judges like Isa, Minallah etc that are opposing the upholding the constitution.

 

[saeedhk]

PDM are a curse and should be uprooted and thrown into a gutter.

 

[MenInG]

Qureshi raises questions on deployment of Army in Punjab

Immediately after the government approved the requisitioning of the Pakistan Army in Punjab, PTI Vice-Chairman Shah Mahmood Qureshi expressed shock at the move and raised questions about it.

“When the Supreme Court had sought security personnel for election duty, it was told that the deployment was not possible because of the country’s internal security situation,” he said in a video message on Twitter.

“How are they now deploying the army?” Qureshi questioned.

 

[MenInG]

Just 2 days to go?

==

The Supreme Court has fixed for Monday (May 15) the Election Commission of Pakistan’s (ECP) plea asking the top court to revisit its order of holding elections to the Punjab Assembly on May 14.

The petition will be heard a day after the court-ordered election deadline lapses.

A three-member bench, comprising Chief Justice of Pakistan Umar Ata Bandial and Justices Ijazul Ahsan and Munib Akhtar will take up the plea next week — the same bench that had issued the order for elections in Punjab.

In a una*n*imous judgment on April 4, the bench had quashed the electoral body’s decision to extend the date for polls in the province from April 10 to Oct 8 and fixed May 14 as the new date.


It had also directed the government to release Rs21 billion for the elections in Punjab and Khyber Pakhtunkhwa and provide a security plan to the ECP regarding the polls. Moreover, the court had instructed relevant authorities to keep it in the loop.

However, in reports submitted to the apex court in subsequent days, the ECP had said the ruling coalition was reluctant in releasing the funds.

It had contended that staggering polls by holding them in Punjab and KP separately, before elsewhere, was not feasible since it would incur significantly more expenses compared to holding the exercise on one day. It had further said that an already depleted security apparatus would require weeks in advance for its mobilisation.

On May 3, with fewer than two weeks to the May 14 election date ordered by the court, the election commission had filed its plea seeking a review of the court’s April 4 order.

The review petition, filed through Advocate Sajeel Shehryar Swati, was submitted a day after the government and PTI developed a consensus on holding elections across the country on the same day. Both parties, however, had failed to agree on a date for the elections.

ECP’s plea
In its plea, the ECP said changing the election programme was the solitary domain of the commission under Section 58 of the Elections Act 2017.

It asked the court to take back its April 4 judgement “in the interest of justice”, emphasising that Article 254 should be used to stultify the constitutional imperative of holding the elections within 90 days, but the apex court should also look at the ground realities. The provision suggested that failure to comply with requirements as to time does not render an act invalid.

“All provisions of the Constitution are required to be read together in harmony to make the provisions effective, workable and meaningful,” the review petition argued and added the April 4 order by the SC was “per incuriam” (lack of jurisdiction) to the Constitution; therefore, it needs to be revisited.

The review petition explained that Punjab and KP have 173 and 55 National Assembly seats, respectively, out of a total of 326 seats, which makes the total seats for Punjab and KP about 72 per cent of the assembly’s total strength.

The general elections to the National Assembly are due in the near future, as the assembly is completing its term in August 2023, ECP said, adding that the commission requires government machinery which is non-partisan to conduct the general elections fairly and in accordance with the law,

It urged the court to consider ground realities in true perspective since if the elections are held while permanent governments are in place in Punjab and KP, the sanctity, objectivity and fairness of the elections to 72 per cent of the general seats of the National Assembly would inevitably be compromised.

The commission submitted its concerns in writing during the hearing that culminated in the April 4 order, the review petition recalled. It added the question of harmonising Article 218(3) and Article 224 as well as the provisions of the Elections Act was of first impression and has not been dealt with by the superior courts.

The petition stressed that the ECP has even been guarded under Article 222 from any parliamentary intervention and its power cannot be diluted, whittled away, or abridged through parliamentary intervention.

For a change of the date, the Constitution is silent and Section 58 of the Elections Act comes into play, the petition said, arguing the Supreme Court relied upon Section 57 of the Elections Act to designate the president as authority for fixing the date where the assemblies stood dissolved by efflux of time.

It is not conceivable why the Supreme Court took upon itself the task of appointing a poll date which certainly is not the constitutional function assigned to the judicial organ of the state, the review petition argued, adding the change of election programme was the solitary domain of ECP under Section 58 of the Elections Act.

The Constitution is silent regarding the change of date of elections and when the constitution itself was silent, recourse had to be made to the Elections Act, the petition said.

One of the key stages of the election programme is the date of the poll, the petition reminded. The legislature while enacting sections 57 and 58 of the Elections Act was cognisant of the fact that situations may arise due to which the dates for the elections may be required to be changed, the plea added.

And to give an example, the petition recalled, the general elections of 2008 was delayed by 40 days by ECP keeping in view the exigency and requirement of that time. That is why, the legislature while enacting Section 58, put the overriding phrase “notwithstanding anything contained in Section 57”, at the very start of Section 58(1), knowing it all well that Section 57 enumerates something which was contrary to what Section 58 would consider as permissible.

The petition emphasised that the courts interpret the law but they do not re-write it. As per a literal interpretation of the provision of Section 58, change of the election programme or giving a fresh programme, of which poll date is an essential component or stage, is the domain of ECP.

Under no provision of the constitution or the law, the review petition argued, Supreme Court could have taken the exercise upon itself to appoint the poll date through April 4 order, adding the constitution was an organic document, it blossoms and evolves with time. The appointing of a date or changing it is an executive exercise, and certainly not a judicial exercise, the petition emphasised.

DAWN

 

[MenInG]

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday asked the Election Commission of Pakistan (ECP) why it didn’t advise President Arif Alvi regarding holding polls across the country on one day.

The question was raised as a three-member bench of the Supreme Court (SC) heard the electoral body’s petition asking the top court to revisit its April 4 order of holding polls to the Punjab Assembly on May 14.

The bench comprised CJP Bandial and Justices Ijazul Ahsan and Munib Akhtar, the same bench that had issued the order for holding elections in Punjab on May 14.

During the hearing, the top judge noted that the ECP didn’t brief the president about the security measures or allocation of funds for elections.