Today\u2019s hearing<\/strong><\/p>\nAt the outset of the hearing, Pakistan Peoples Party (PPP) lawyer Farooq H Naek came to the rostrum and requested to speak.<\/p>\n
However, Chef Justice of Pakistan (CJP) Umar Ata Bandial asked whether they were becoming a party to the case as they had announced a boycott of the proceedings.<\/p>\n
At this, Naek told the bench that they have not boycotted the proceedings as of yet.<\/p>\n
\u201cDo your consultations and tell us. Tell us in writing that you have not boycotted the hearing,\u201d said the CJP.<\/p>\n
The PPP counsel then clarified to the court that his party had objections to the formation of the bench and had not boycotted the proceedings.<\/p>\n
The CJP then remarked that in the newspapers it has been reported that the PPP has boycotted as well.<\/p>\n
\u201cYou have boycotted and came to give arguments. In the [PDM] meeting, no confidence was expressed in the bench,\u201d interjected Justice Munib Akhtar.<\/p>\n
On this, Pakistan Muslim League-Nawaz (PML-N) lawyer Akram Sheikh told the court that they are yet to take back the power of attorney and they have objections to the bench hearing the case. He also clarified they have not boycotted the proceedings yet.<\/p>\n
\u201cA conference of political parties was held and in the last 48 hours in the national press, it is being stated that a boycott has been announced. If you do not have confidence in us then how can you give arguments,\u201d asked Justice Akhtar.<\/p>\n
The CJP then turned towards AGP Mansoor Usman Awan and asked what instructions he had gotten, adding that the government cannot boycott the proceedings.<\/p>\n
The AGP responded that the governments operate according to the Constitution and that the Election Commission of Pakistan (ECP) has the power to defer the date for the polls.<\/p>\n
However, Justice Ahsan observed how can ECP change the date when the Supreme Court has made a decision.<\/p>\n
\u201cSupreme Court\u2019s decision is applicable to everyone including the executive,\u201d said Justice Ahsan.<\/p>\n
AGP Awan then went on arguing about the March 1 order of the Supreme Court stating the president was asked to give a date for polls in Punjab and the governor in Khyber Pakhtunkhwa. He added that the KP governor is yet to fix a date for the polls to the provincial assembly.<\/p>\n
\u201cThe law does not allow anyone to delay elections. Only the court can defer the election date,\u201d responded CJP Bandial. He added that in 1988 as well the court postponed the elections.<\/p>\n
\u201cThe order that is being referred has already been implemented,\u201d added CJP Bandial. He added that the Supreme Court\u2019s hearing is in the public interest and there is a difference of opinion among judges.<\/p>\n
On the other hand, Justice Ahsan stated that the real issue was the ECP order, adding that court directives are bounding.<\/p>\n
AGP Awan then went back to the suo motu case stating that in the \u201cfirst round\u201d a nine-member bench heard the case.<\/p>\n
\u201cDetails of the two judges\u2019 dissenting note have come forward while the two judges had thrown out the pleas on the first day,\u201d stated AGP Awan.<\/p>\n
CJP Bandial then told the AGP that he is yet to find a case in which the chief justice was barred from changing the bench.<\/p>\n
The AGP said that the Peshawar case was one but the CJP stated that it was not a judicial order but a minority order.<\/p>\n
AGP Awan then repeated that the court order for the March 1 verdict was yet to be issued.<\/p>\n
\u201cAre you saying that I did not form a new bench and the original one is still intact?\u201d asked CJP Bandial adding, \u201cDifference of opinion is part and parcel of the apex court\u2019s proceedings; however, consultations are held as well\u201d.<\/p>\n
\u201cIn our opinion, the majority of the judges have rejected the suo motu notice,\u201d said AGP Awan.<\/p>\n
The CJP responded that the AGP was disregarding the decision of a five-member bench that had empowered the top judge to formulate benches.<\/p>\n
The AGP stated that reservations regarding Justice Ahsan and Justice Mazahar Naqvi were in front of the court, and repeated that the current suo motu notice had been rejected by the majority of the court.<\/p>\n
However, CJP Bandial stated that all judges agreed that the chief justice had the authority to form benches.<\/p>\n
\u201cThe power exercised by the chief justice is administrative and not judicial. The case was heard on merit,\u201d stated Justice Ahsan.<\/p>\n
The AGP responded that Justice Athar Minallah had said that \u201cif the chief justice wishes he can include him on the bench\u201d.<\/p>\n
\u201cIf the judge has stated that it\u2019s the chief justice’s prerogative to form a bench then the argument is over,\u201d interjected Justice Akhtar. He added that if the logic behind the 4-3 decision was accepted then the matter would go to the nine-member bench.<\/p>\n
\u201cThe detailed dissent note does not include the point of reconstitution of the bench,\u201d added CJP Bandial.<\/p>\n
The AGP then stated that as per the note, the reconstitution of the bench was an administrative measure, arguing that as per the note Justice Ahsan and Justice Naqvi recused themselves from the case.<\/p>\n
The CJP then added that after the opinion of two judges a new bench was formed and the hearing was resumed.<\/p>\n
At this, AGP Awan stated that as per the opinion of four judges, the suo motu notice was dismissed.<\/p>\n
However, CJP Bandial stated that the government\u2019s lawyer had failed to convince them on this point. He also added that Justice Qazi Faez Isa\u2019s order is not clear.<\/p>\n
\u201cThe order of any bench of the Supreme Court applies to all,\u201d stated AGP Awan.<\/p>\n
However, Justice Akhtar observed that if the current case is being talked about then no such thing is applicable in this case.<\/p>\n
\u201cWhat you are saying is based on assumptions. Suo motu notice is taken on very important matters,\u201d stated CJP Bandial.<\/p>\n","protected":false},"excerpt":{"rendered":"
Polls delay case: SC reserves verdict, decision to be announced tomorrow. A three-member bench of the Supreme Court, headed by Chief Justice of Pakistan Umar Ata Bandial, Monday reserved the verdict on Pakistan Tehreek-e-Insaf\u2019s (PTI) plea against the Election Commission of Pakistan’s (ECP) decision to delay the polls in Punjab and Khyber Pakhtunkhwa. CJP Bandial […]<\/p>\n","protected":false},"author":8,"featured_media":15189,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,2,147],"tags":[2730,491,6288,609,5096,148,138,253,246],"class_list":["post-15188","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-latest-news","category-pakistan","category-politics","tag-cjp","tag-election-commission-of-pakistan","tag-farooq-h-naek","tag-pakistan-muslim-league-nawaz","tag-umar-ata-bandial","tag-ecp","tag-pakistan","tag-pmln","tag-ppp"],"_links":{"self":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts\/15188","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/comments?post=15188"}],"version-history":[{"count":0,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts\/15188\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/media\/15189"}],"wp:attachment":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/media?parent=15188"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/categories?post=15188"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/tags?post=15188"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}