ISLAMABAD: President Arif Alvi has appointed Salman Akram Raja as his lawyer in the case of the delay in Punjab and KP elections date. A five-member larger bench of the Supreme Court is hearing a suo motu notice.
As per law, the attorney general for Pakistan represents the government but the President has expressed his mistrust in the AGP and appointed his own lawyer in the case.
The SC has accepted the appointment of Salman Akram Raja as the President’s lawyer in the case.
Earlier on Monday, hearing the case, Chief Justice Umar Ata Bandial said that the parliament has clearly written in the Elections Act, 2017, that the president can announce the date for polls.
After deciding that Khyber Pakhtunkhwa KP and Punjab governors — Haji Ghulam Ali and Baligh Ur Rehman — and the Election Commission of Pakistan (ECP) were not fulfilling their constitutional duties to announce the date for polls in both provinces, President Arif Alvi announced earlier this month that elections would take place in April — a move that drew strong criticism from the government.
Meanwhile, the CJP’s remarks came during the suo motu hearing related to the elections in Khyber Pakhtunkhwa and Punjab. The bench, which earlier constituted nine members, now comprises only five members.
The bench was reconstituted after Justice Ijaz Ul Ahsan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Athar Minallah and Justice Yahya Afridi recused themselves from hearing the case.
The government on Friday raised objection over the two judges of the Supreme Court (SC).
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At the outset of the hearing, Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial remarked two judges on whose objections were raised by the political parties have recused themselves from the hearing of the case.
“Two more judges have also separated themselves from the 9-member larger bench.”
Justice Ijaz Ul Ahsan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Athar Minallah and Justice Yahya Afridi recused themselves from hearing the case.
The CJP said the hearing of the case to continue for the interpretation of the constitution. The top judge observed that the dissenting note of Justice Mandokhel was leaked on social media even before the order of the hearing on the SC website.
The hearing of the case was scheduled to start today at 11am, however, it was delayed reportedly due to the bench formation in the light of a Supreme Court order of the February 23 hearing.
A written order was issued on the SC’s website in which dissenting notes of Justice Afridi, Justice Minallah, Justice Jamal Khan Mandokhail and Justice Syed Mansoor Ali Shah had been included.
Following this, a five-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Shah and Justice Mandokhail was formed which presided over today’s hearing.
Ali Zafar, the lawyer representing the Punjab and KP speakers’, began his arguments and said that the Punjab chief minister had sent the summary for the dissolution of the assembly to the governor.
The governor was bound to dissolve the assembly, however, he did not and the Punjab assembly was automatically dissolved after 48 hours.
The lawyer said that no constitutional officeholder can delay elections for more than 90 days, and the 90-day period in Punjab started on January 14.
Justice Mandokhel asked whose job is it to decide the date for elections.
At this, Zafar said that a suo motu notice has been taken regarding a date for the elections. “Election Commission failed to respect the high court’s orders,” Zafar told the court.
“There is no such provision in the Constitution that justifies delay in the elections beyond the 90-day time limit,” remarked Justice Muhammad Ali Mazhar.
Justice Mazhar said that the Punjab governor threw the ball in the Election Commission of Pakistan’s (ECP) court.
It is pertinent to mention here that President Dr Arif Ali announced April 9 as the date for holding general elections for Punjab and Khyber Pakhtunkhwa assemblies. The announced the date under section 57(2) of the constitution.
In a letter written to Chief Election Commissioner (CEC) Sultan Sikandar Raja president Arif Alvi said the constitution does not allow to exceed 90 days for holding elections after the dissolution of assemblies and he has taken the oath to defend and protect the constitution.
The letter stated that ECP and governor KP and Punjab are not fulfilling their duties to hold elections within 90 days and the president has announced an election date to avoid violation of the constitution.
The bench adjourned the hearing of the case till 9:30am tomorrow (Tuesday).
