Punjab, KP Election Spontaneous Notice Case hearing completed, Supreme Court reserved the decision
ISLAMABAD: The hearing of the Punjab, KP Election Spontaneous Notice case has been completed after which the Supreme Court has reserved the decision.
Chief Justice Umar Atta Bandial said that the decision will be pronounced today, we thank all the lawyers who assisted the court. I can’t say how long we’ll be back.
In order to fix the date of elections in Punjab and Khyber Pakhtunkhwa (KP), the Supreme Court heard the case of automatic notice.
Yesterday, the 9-member larger bench of the Supreme Court hearing the case was broken, apart from Justice Ijaz-ul-Ahsan and Justice Mazahir Ali Akbar Naqvi, Justice Atharmanullah and Justice Yahya Afridi also excused themselves from hearing the case and now the five-member bench chief The case is being heard under the chairmanship of Justice Pakistan.
The five-member bench includes Chief Justice Umar Atta Bandial, Justice Muneeb Akhtar, Justice Mohammad Ali Mazhar, Justice Mansoor Ali Shah and Justice Jamal Mandukhel.
Parliament has empowered the President in the Election Act to give the date of elections: Chief Justice
The hearing started yesterday, the Chief Justice of Pakistan said that four members have separated themselves from the bench, the remaining bench of the court will continue to hear the case, the court will continue the hearing to interpret the constitution.
The Supreme Court also issued a written order for the hearing of the automatic notice case on February 23. Noticed on this point.
There are separate notes of 4 Justices in the order dated February 23, Justice Mandukhel, Justice Yahya Afridi, Justice Mansoor and Justice Athar Manullah.
Justice Mansoor Ali Shah has written a note that two senior judges have not been included in the bench, it is necessary for the public’s trust in the judiciary to maintain its transparency.
A constitutional interpretation of the Chief Justice’s power of self-notice has also become necessary: Justice Atharmanullah.
Justice Athar Minullah noted that the Constitution is a document that has to be followed in all future times, the interpretation of the Constitution by this court has effects on the common people and future generations, the use of the power of self-notice requires extreme caution. Yes, it is inevitable that the Full Court hears important cases of constitutional violations and constitutional interpretation, the constitutional interpretation of the Chief Justice’s power of self-notice has also become necessary.
Today’s hearing
When today’s hearing started in the Supreme Court, the Attorney General raised an objection against the President of the Supreme Court Bar, Abid Zuberi. The Attorney General said that the name of the President of the Supreme Court Bar was removed by the court order.
The Chief Justice said that the Supreme Court knows the Bar Association as an institution, what is written in the court is not a court order, it becomes an order when the judges sign it.
Supreme Court Bar President Abid Zuberi said in his arguments that the Supreme Court has declared in the past that elections should be held within 90 days.
Justice Jamal Mandukhel said that under the constitution, the president and the governor are bound by the advice of the cabinet in the decision, can the president and the governor give the date of the election on their own?
The Chief Justice said that under the constitution, the governor is not bound by anyone’s advice on the appointment of caretaker government and the date of election.
Justice Muhammad Ali Mazhar said that where there is discretionary authority, there is no need for any advice.
The Chief Justice asked who will do the notification of the dissolution of the assembly? Abid Zuberi replied that the notification of the dissolution of the Punjab Assembly was issued by the Law Secretary.
Justice Muneeb Akhtar said that the 90-day period starts with the dissolution of the assembly, what is the need to waste time after the dissolution of the assembly?
Justice Mansoor Ali Shah asked whether the caretaker chief minister can advise the governor about the election date. To this, Abid Zuberi replied that the date of election and the formation of caretaker government happen together.
Justice Mansoor Ali Shah asked whether the governor can reject the advice of the caretaker government. On this, President of the Supreme Court Bar Abid Zuberi said that the task of the caretaker government is not to give a date, it is to manage the affairs of the government.
Abid Zuberi said that in the Saifullah case, 12 judges had declared the process of election mandatory, 4 methods of dissolution of the assembly have been mentioned in the constitution.
According to Article 48, every action of the President shall be on the recommendation of the Government: Justice Jamal
Justice Jamal Mandukhel said that Article 48 says that every action and initiative of the President will be on the recommendation of the government. According to the constitution, even today the government can ask the governor for election. There is no restriction on giving the date of election of the government, said the Chief Justice. According to Article 48, the date of election will be given on advice.
Justice Muneeb Akhtar said that the caretaker government is formed after 7 days, it is necessary to harmonize the various clauses of the constitution. Justice Mansoor Ali Shah questioned that if the advice regarding the history of the government comes, how can the governor refuse, Justice Muhammad Ali Mazhar said that the main question is that the governor is saying that I have not dissolved the assembly.
Lawyer Abid Zuberi said that the matter of giving a date is mentioned only in Article 105 (3) of the Constitution, the date of elections has not been announced for so many days, if the assembly is dissolved after the expiry of the time, the President will give the date. It is the position that it is the power of the President to give the date of election.
The Chief Justice said, “Are you saying that the government is not fulfilling its constitutional responsibility?” Conducting elections in 90 days is the spirit of the constitution, the attorney general will be asked to assist on constitutional points.
Justice Muhammad Ali Mazhar said that whenever the governor gives a date, a margin of 52 days will be kept. It will be under.
Under which law is the president writing letters? Justice Mansoor Ali Shah
Justice Mansoor Ali Shah said that now you have started asking us what to do, under which law the President of the country is writing letters? Lawyer Abid Zuberi said that the President has written letters for consultation, Justice Mansoor Ali Shah said that there is no mention of consultation in the constitution.
Justice Jamal Mandukhel said that if it is accepted that the law allows the President of the country, then the President is also bound by the advice. Justice Mansoor Ali Shah said that the caretaker government can also ask to give a date.
The Chief Justice said that after listening to the other parties, they will decide whether the President needs consultation or not.
Lawyer Abid Zuberi said that the governor is not bound by the advice in giving the date of the election, the same authority as the governor has been given to the president, the president is also not bound by the advice in giving the date of the election, Justice Mansoor Ali Shah said that if the governor If advised, he will be bound by it.
Attorney General Shahzad Atta Elahi started the arguments.
The Attorney General said that the President can give the date of the election only when the National Assembly is dissolved, otherwise the President can give the date only if there are elections across the country. No, elections should be held within 90 days, elections should not be postponed beyond 90 days.
Justice Muneeb Akhtar said that the Governor has to take into consideration the Election Act.
Justice Mansoor Ali Shah asked whether the Election Commission can delay the Governor’s date. The Attorney General said that if the Governor asks for the election on the 85th day, then the Election Commission can say for the 89th day.
The Chief Justice of Pakistan said that the Governor has been obliged to consult the Election Commission for this reason, whether the President or the Governor is bound by the Constitution and the law.
Consult the Election Commission today and give the date tomorrow: Justice Muhammad Ali Mazhar
Justice Muhammad Ali Mazhar remarked that the Governor should be consulted by the Election Commission today and give a date tomorrow.
The Attorney General said that the Constitution cannot be interpreted by Parliament’s legislation, the Constitution is supreme, the Constitution does not allow the President to give the date of the elections, the President can only announce the date of the elections, the Lahore High Court clearly said that Conducting elections and announcing the date is the authority of the Election Commission, elections are the subject of the Federation.
Justice Muneeb Akhtar said that the election date has to be decided by the Election Commission and announced by the Governor. Justice Jamal Mandukhel said that when everything is clear, what is the dispute about?
The Chief Justice said that the hearing of intra-court appeals in the Lahore High Court is being postponed for 14, 14 days. Why is there such a long delay on such an important constitutional question? Under which provision of the constitution came the power of election date to Election Commission? Justice Muhammad Ali Mazhar said that the Election Commission’s powers under the Constitution begin after the announcement of the election date.
If the President cannot give the date of elections, why not abolish Section 57? Justice Mazhar
The Chief Justice said that in history the President had some democratic and some non-democratic powers. Justice Muhammad Ali Mazhar said that if the President cannot give the date of the elections, why not abolish Section 57? Has anyone challenged Section 57 for being in conflict with the Constitution? Justice Muhammad Ali Mazhar asked the Attorney General who in your opinion has the authority to give the date of the elections. On this, he said that the Election Commission has the authority to give the date of the elections.
Justice Jamal Mandukhel said that there is no need to consult anyone if the Election Commission wants to make an announcement. Justice Muneeb Akhtar asked that if the Election Commission wants to announce, where will the role of the President and the Governor go? Is the president’s role only that of a newscaster to announce? Election Commission should use its website to announce.
The Chief Justice of Pakistan said that the role of Election Commission is important in every case, according to you the role of Election Commission is central, the other side says that the role of Election Commission is advisory.
Justice Muneeb Akhtar asked whether the duration of the election campaign cannot be reduced. On this, the counsel of the Election Commission said that time is required for printing the ballot papers, the duration of the election campaign can be up to 2 weeks.
The Attorney General said that the elections must be held within 90 days, so the 1988 election will be doubtful? The 2008 election was also held after the stipulated period.
Chief Justice said that there was a big tragedy in 2008, Justice Jamal Mandukhel said that the first question is who will give history? The rest will be done only when the date of the election comes. If the issue of giving a date had been clarified in the law, we would not be standing here today.
The Chief Justice said that Article 254 will be applied wherever possible. Justice Muhammad Ali Mazhar said that the Election Commission has suggested the dates to the governors.
The Attorney General said that both the governor and the cabinet are bound by the constitution, the caretaker cabinet cannot send a summary for the election date.
Many laws were made in hours, even today they would have given responsibility by making laws: Justice Jamal Mandukhel
Justice Muhammad Ali Mazhar said that if the Prime Minister does not give advice, how long should the President wait? Justice Jamal Mandukhel remarked that many laws were made in hours, even today they would have given responsibility by making laws. On this, the Attorney General said that today’s legislation is criticized that the Parliament is incomplete, the Election Commission should give the date of the elections. The period of 90 days is being completed, the intention of the Election Commission is not being doubted, if the dictation on the date of elections is to come from somewhere else, then the Election Commission can also refuse the rest of the responsibilities, the Election Commission cannot escape from its responsibilities.
Since the first day, the position is that the date has to be announced by the Governor: Advocate Election Commission
Sajil Shehryar Swati, the lawyer of the Election Commission, said in his arguments that the Election Commission has to work under the Constitution, the Election Commission can give three types of dates for elections, the Election Commission can give dates for Senate, Presidential and By-elections. We are only talking about the election of Punjab and KP, our stand from day one is that the date should be announced by the Governor.
The Chief Justice said that the Chief Minister’s advice to dissolve the Assembly has its own effect, even if the Governor does not dissolve the Assembly, it is implemented.
Justice Jamal Mandukhel said that he said whether the governor should dissolve the assembly or not, he would give a date. The Election Commission lawyer said that the governor of Punjab says that I did not dissolve the assembly. Up to stand on this position? On this, Vakil Election Commission said that we have written a letter to Governor Punjab to give election dates from April 9 to 13.
The Chief Justice said that the governor gives the date with his eyes closed or with consultation? What does the governor know about the Election Commission’s schedule? Did the governor call you for consultation or not? On this, the lawyer of the Election Commission said that there is no requirement for the Governor to consult with the Election Commission.
Justice Muhammad Ali Mazhar said that instead of consultation, the governor filed an intra-court appeal, the High Court had ordered a date after consultation.
On being asked by the Chief Justice, the lawyer Election Commission said that a reminder letter was written to Governor KP.
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