Hearing on PTI’s petition against postponement of elections in Punjab and Khyber Pakhtunkhwa is going on in the Supreme Court.
The Supreme Court is hearing a petition filed by PTI against postponing the elections in Punjab and Khyber Pakhtunkhwa.
The hearing on the application is being conducted by a 5-member bench headed by Chief Justice Umar Atta Bandial, other members include Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Aminuddin Khan and Justice Jamal Mandukhel.
Besides the new Attorney General Mansoor Awan, Farooq Naik and Barrister Ali Zafar, Fawad Chaudhry and Sheikh Rasheed are also present in the courtroom.
When the hearing started, the Chief Justice remarked that he will listen to the Attorney General first, he does not want to prolong the process, the simple question is whether the Election Commission had the authority to make a decision, can the Election Commission advance the date or not, if its If it is approved, the matter will be over.
The Chief Justice remarked that the rule of law is essential for democracy, without the rule of law, democracy cannot run, if the political temperature is so high, the problems will increase. And there is a need for discipline in political leadership.
Farooq H. Naik came to Rostam and argued before the court that the constitution is a living document, it can be interpreted based on the ground conditions, what is best for the country in the current political situation has to be determined, political parties are stakeholders and must be heard.
Justice Jamal Mandukhel remarked why this question is not raised in Parliament. To which the Attorney General replied that 2 judges of the Supreme Court gave the first decision.
The Chief Justice remarked that at this time the question is not the decision but the authority of the Election Commission.
The Attorney General submitted that the court order of March 1 should be fixed first, if there was no court order, the President could not even give the date.
The Chief Justice remarked that if you want to raise the issue of the court decision, then file a separate application. At that time, the case is to be dated and not to be cancelled. It has to be seen whether the Election Commission had the authority or not. Elections are necessary for democracy.
Farooq H. Naik, the lawyer of the political parties, said that there is pomegranate and fascism in the country at the moment, if the court gives us a chance, we will prepare the case.
Talking to Farooq H. Naik, the Chief Justice said that you are a senior lawyer, the case is in your heart, there is a need for discipline in society and political leadership.
The Attorney General requested a full court bench for the election case, and also objected to PTI’s request.
The Chief Justice remarked that having seen the dissenting notes of 2 judges who have their own point of view, their dissenting notes are not directly related to the case, the majority of the decision can be reviewed later, for now, focus on serious matters. Do not remove.
The Chief Justice remarked that we have heard your request. On which the Attorney General said that in the present case only the plea has implemented the decision. The Chief Justice remarked that the members of the bench are sitting to examine the question of the petition.
The Chief Justice said that your reliance is on a technical point, the jurisdiction of the Supreme Court is not limited to the petition.
Justice Jamal Mandukhel while making remarks inquired that the decision of how many members is our internal matter, tell us whether holding elections in 90 days is not a constitutional requirement, can Election Commission cancel the date of elections.
The Chief Justice remarked that he is grateful to Justice Jamal Mandukhel for clearing the matter, respect for all national institutions is mandatory.
PTI lawyer Ali Zafar said that every institution has to work within its constitutional limits.
The Chief Justice spoke to the lawyer of PTI that such behavior is expected from your top leadership, PTI will have to take the initiative because they approached the court, there is violence and intolerance in the country at the moment. Look at the economic situation, there are queues for flour, think of these people instead of fighting each other.
PTI lawyer Ali Zafar said that the crisis will increase if the elections are delayed.
The Chief Justice remarked that Tehreek-e-Insaf will take the initiative and will tell the government.
Justice Aminuddin inquired whether the election schedule can be shortened to 90 days. Justice Ejazul Hasan remarked that the Election Commission has the power to adjust the schedule within 90 days, and it apparently cannot delay beyond 90 days.
Justice Jamal Mandukhel remarked that 90 days have already passed, no one cares about the constitution in our country, the elections are going to happen, but the question is who will extend the date more than 90 days, the question is also whether The assembly must be dissolved at the request of a member.
The PTI lawyer replied that the Prime Minister and the Chief Minister are elected representatives.
Justice Jamal Mandukhel remarked that if the Prime Minister’s own party should vote no-confidence, the Assembly may break up.
Lawyer Ali Zafar said that if no-confidence motion comes, the assembly cannot be dissolved. Justice Jamal asked lawyer Ali Zafar whether Parliament should not look into the matter. Lawyer Ali Zafar said that Parliament can discuss the authority of the Prime Minister and Chief Minister.
Justice Ijazul Hasan remarked that the court decision has been implemented, the election commission has issued a schedule on the date of the president, the question is whether the election commission has the authority to change the date of the president, can the election commission delay more than 90 days. , the question is whether the Election Commission can do this.
Lawyer Ali Zafar said that the Election Commission followed the court decision to the extent of Punjab.
The Chief Justice inquired whether the Election Commission has the power to fix the date, whether the Election Commission can change the date of the President. Section 58 of the Election Act does not allow cancellation of elections, in 2008 elections were delayed.
PTI lawyer Ali Zafar said that the Election Commission has resorted to two articles of the Constitution.
Justice Jamal Mandukhel remarked that the Election Commission said that they are unable to fulfill their constitutional responsibility, what would have happened if the Election Commission had not given the date of October 8.
Justice Ijazul Hasan remarked that the Election Commission could have approached the President to change the date, all administrative institutions are bound to cooperate with the Election Commission, the commission can approach only if the reasons are solid.
The lawyer PTI took the position that Article 220 binds all governments and institutions to cooperate with the commission, the Election Commission wrote the decision only taking the position of the institutions, the court asked the commission why it did not use the constitutional authority, administrative If the institutions do not cooperate, Article 5 will be applied, every institution is obliged to follow the constitution and the law.
The Chief Justice while suggesting a cut in the judges’ salaries for the elections remarked that the entire budget is not needed for the elections, a cut of 20 billion can be applied to our salaries, the government can take out 20 billion by reducing the expenses.
Lawyer PDM Farooq H. Naik said that in the present case, the National Assembly is present, the new assembly approves the expenditure, the Election Commission will answer the statement of the Finance Secretary.
PTI lawyer Ali Zafar said that it is a technical point where the money will come from.
The Chief Justice remarked that the country is going through an economic crisis, the economic crisis cannot be ignored, sacrifices have to be made to deal with the crisis, 5% salary cut can cost the election.
The Chief Justice said that the institutions conducted the most operations in Khyber Pakhtunkhwa, only 61 operations were conducted in Punjab, 367 operations were conducted in Sindh and 1245 operations in Khyber Pakhtunkhwa. are happening
PTI lawyer Ali Zafar said that the Election Act also says that polling can be canceled where there is a problem, it cannot be that the entire election can be postponed.
The Chief Justice inquired whether the election can be postponed only by imposing emergency, whether the decision of the Election Commission talks about imposing emergency.
Lawyer PTI said absolutely not.
On Ali Zafar’s reply, the Chief Justice remarked that absolutely not, you had told someone else.
The hearing started yesterday, according to which the court declared that the election must be held on time as per the constitution.
Yesterday, the Supreme Court had issued notices to the Federation, Election Commission and Attorney General, caretaker governments of Punjab and Khyber Pakhtunkhwa, along with both the provincial governors and the petitioners.
While issuing notices to all the parties, the Election Commission was asked to answer the legal questions raised in the petition.