{"id":113623,"date":"2023-02-23T15:32:55","date_gmt":"2023-02-23T10:32:55","guid":{"rendered":"https:\/\/tns.world\/?p=113623"},"modified":"2023-02-23T15:32:55","modified_gmt":"2023-02-23T10:32:55","slug":"kp-punjab-election-wont-tolerate-violation-of-the-constitution-says-cjp","status":"publish","type":"post","link":"https:\/\/tns.world\/?p=113623","title":{"rendered":"KP, Punjab election: Won\u2019t tolerate violation of the Constitution, says CJP"},"content":{"rendered":"

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.<\/p>\n

A nine-member bench, headed by CJP Bandial and also comprising 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, Justice Muhammad Ali Mazhar and Justice Athar Minallah, heard the case.<\/p>\n

The hearing comes after President Dr Arif Alvi on Monday\u00a0unilaterally announced\u00a0April 9 as the election date in both provinces after his invitation for consultations on the matter was turned down by the Election Commission of Pakistan (ECP).<\/p>\n

At the outset of the proceedings today, CJP Bandial noted that the court had to look into three things and maintained that time for provincial elections was running out.<\/p>\n

Here, Barrister Ali Zafar took the rostrum and said that he wanted to bring \u201cthings related to the president on record\u201d.<\/p>\n

Meanwhile, the CJP stated that Alvi had announced the date for elections under Section 57 (notification of election programme) of the Elections Act, 2017.<\/p>\n

\u201cOur request is also pending, please listen to us,\u201d Zafar pleaded.<\/p>\n

However, the top judge reiterated that the court had three matters to look into. \u201cWe have to see who has the authority to give the election date after the dissolution of the assemblies.<\/p>\n

\u201cThe high court\u2019s Feb 10 order was in front of us,\u201d he said, adding that the court had a lot of factors in front of it.<\/p>\n

At one point during the hearing, the attorney general sought time from the court in the case. \u201cIf notices are issued to so many people, it will be difficult to prepare for tomorrow\u2019s hearing,\u201d he said.<\/p>\n

At that, the CJP said that the court will restrict itself to essential things, adding that the detailed hearing of the case will be held on Monday.<\/p>\n

He went on to say that a suo motu case was taken due to a number of factors. \u201cProlonged proceedings are underway in the high court but time is passing by.\u201d<\/p>\n

CJP Bandial observed that the Constitution decides the time for elections which is ending. \u201cThe high court\u2019s forum can be bypassed if there is an emergency. It was easier for us to fix two petitions \u2014 filed in the SC \u2014 for hearing.\u201d<\/p>\n

\u201cSection 57 deals with the date of elections,\u201d he stated, pointing out that several new points had emerged in the case that needed to be explained.<\/p>\n

The top judge further asserted that the Supreme Court will not tolerate the violation of the Constitution. \u201cIf there is a very serious situation, the time for elections can be extended. But we have to see if the Constitution is being implemented.\u201d<\/p>\n

\u201cWe want to implementation of the Constitution.\u201d<\/p>\n

Moreover, the CJP highlighted that after President Alvi\u2019s announcement of the election date, the situation changed. \u201cThe Supreme Court only has to see the constitutional point and implement it.\u201d<\/p>\n

He observed that elaboration was needed on the issue of elections and assured all the parties that the court would listen to their arguments.<\/p>\n

\u201cWe have suspended our schedule for the next week so that we can hear this case,\u201d CJP Bandial.<\/p>\n

<\/a>PBC seeks changes in larger bench<\/h2>\n

Ahead of the hearing, the Pakistan Bar Council (PBC) said that CJP Bandial should not exclude Justice Qazi Faez Isa and Justice Sardar Tariq Masood from the bench constituted to hear the case to \u201cmake its (bench\u2019s) image impartial and neutral\u201d.<\/p>\n

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In a press release issued by PBC Executive Council Chairman Hassan Raza Pasha and Vice-Chairman Haroonur Rashid, the PBC said their inclusion was necessary so that the \u201cpublic and lawyers community may not question upon the bench for hearing of [the] important matter in respect of the determination of constitutional responsibility and authority\u201d.<\/p>\n

The PBC also called upon Justice Naqvi to \u201cvoluntarily recuse\u201d himself from the bench, \u201cwhich the propriety demands from him\u201d. Justice Naqvi is one of the two judges that Interior Minister Rana Sanauallah\u00a0said<\/a>\u00a0PML-N would move to be recused from hearing cases pertaining to the PML-N leadership.<\/p>\n

<\/a>CJP takes notice<\/h2>\n

On Wednesday night, the top judge took\u00a0suo motu notice\u00a0of the delay in holding polls in Punjab and Khyber Pakhtunkhwa, saying that there appeared to be a \u201clack of clarity\u201d on the matter.<\/p>\n

In the notice, CJP Bandial said that the SC bench would consider the following questions:<\/p>\n