ISLAMABAD: The 9-judge bench hearing the Supreme Court’s automatic notification case for the Punjab and Khyber Pakhtunkhwa (KP) elections has collapsed and apart from Justice Ijaz-ul-Ahsan and Justice Mazahir Ali Akbar Naqvi, Justice Atharmanullah and Justice Yahya also thus he excused himself from the hearing of the case.
The Supreme Court also issued a written order to hear the automatic notification case on February 23.
There are separate notes from 4 judges in the order dated 23rd February, Justice Mandukhel, Justice Yahya Afridi, Justice Mansoor and Justice Attar Manullah.
Justice Attar Minullah raised important issues in his note, he says I read the order of the Chief Justice of Pakistan, when I raised the constitutional points in the court, the Chief Justice agreed to include them, to my questions. No member of the bench objected, the order was written with my questions in open court, the order given by the chief justice in open court is not in accordance with the written order, where the interpretation of the constitution is the competence of this court, the constitution Protection is also the job of this court.
Justice Attar Minullah said that the Chief Justice asked me questions on this issue, is it the ultimate authority of the Chief Minister to give advice to dissolve the provincial assembly, for which it is not necessary to consider the constitutional reasons? Can the prime minister dissolve the assembly on his own independent opinion or on someone else’s opinion? Can the Prime Minister’s advice be constitutionally rejected and the Parliament restored?
Justice Attar Manullah says that the Constitution is a document 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 self-notifying authority requires great caution. It is inevitable that the Full Court will consider important cases of constitutional violations and constitutional interpretation, and the constitutional interpretation of the Chief Justice’s ex officio reporting power has also become necessary.
Justice Attar Manullah raised the question of whether the provincial assemblies were broken by trampling on the constitutional principles of democracy. The questions about the legality of the dissolution of the assemblies are related to a serious violation of fundamental rights, the case before us is already before the Provincial Constitutional Court, it is too early for this matter to reach the Supreme Court, before any other matter is considered. It is inevitable to see the constitutional-legal status of the dissolution of the assemblies, the constitutional-legal status of the dissolution of the provincial assemblies cannot be ignored.