A three-member special bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Muneeb Akhtar has resumed hearing in the suo motu as well as the Pakistan Tehreek-e-Insaf’s (PTI) plea challenging the order of the Election Commission of Pakistan (ECP) for postponing the Punjab election to October 8, citing security reasons.
The court had also summoned the secretaries of interior and finance today. The AGP told the court the finance secretary is present along with a report.
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The attorney general noted that there are rules for applications under Article 184(3), adding there was an SC verdict by a five-member bench on suo motu notice.
The CJP observed that the March 29 verdict of Justice Qazi Faez Isa suggests it would be appropriate to halt hearing of all cases under Article 184(3), adding the verdict did not contain a directive, but a wish.
Justice Munib noted that on one hand the political parties wanted a full court to hear the case and on the other, they want the hearing to be halted.
“The plea for a full court was rejected on Friday,” the AGP noted.
At this, Justice Akhtar asked the AGP to first decide if the hearing can be conducted or not. The CJP observed that the plea for a full court was rejected for the time being.
The maximum you can plead for is a larger bench, the CJP told the AGP.
“A larger bench will be requested at a later stage,” AGP Awan said.
CJP Bandial said no judge has been removed from the bench nor has anyone recused voluntarily. He added that nine members had sent the matter to the chief justice.
According to the court record, no judge recused from hearing the case, adding a full court hearing can be beneficial, but not full bench.
CJP Bandial said that during the last three days he had met with senior judges, and asked the AGP to argue on a larger bench, if he wanted.
“The judges who were not part of the nine-member bench should hear the case,” the AGP argued, adding the matter of a 3-2 and 4-3 verdict should be decided by the remaining two judges.
Justice Ahsan observed that if the order of the Election Commission of Pakistan is upheld, the remaining appeals will be dismissed.
He further said the ECP was bound to implement the court verdict.
The CJP said the law did not allow anyone to delay elections, adding only the court can extend the date. In 1988 also, the polls were delayed on court orders, and it issues such orders considering ground realities, he noted.
