The Supreme Court of Pakistan (Supreme Court of Pakistan) is hearing the self-notification related to the postponement of the question of the date of general elections in Punjab and Khyber Pakhtunkhwa. Justice Mazhar Ali while making his observations said that the governor has no authority not to give the date.
The Suo Motu hearing in the Supreme Court regarding the postponement of general elections in Punjab and Khyber Pakhtunkhwa will continue today, Tuesday, February 28. After 4 members recused themselves from the 9-member larger bench that held the hearing yesterday, the 5-member bench includes Chief Justice Umar Atta Bandial, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Jamal Khan Mandukel and Justice Muhammad Ali Mazhar.
At the beginning of the hearing today, the public prosecutor, opening arguments, objected that the name of the president of the Bar Association of the Supreme Court was removed from the court order, and the Bar Association of the Supreme Court is known as an institution.
The Chief Justice observed that what is written in the court is not a court order, it becomes a decree when the judges set it aside.
A written order was issued for a February 23 hearing on the subject of automatic notification
During the hearing, Islamabad High Court Bar Association President Abid Zuberi opened arguments, while Justice Jamal Khan Mandukhel observed that the President and the Governor are bound by the Cabinet’s advice on the matter.
On this occasion, the chief justice said that the governor is not bound by anyone’s advice on the appointment of the caretaker government and the date of the elections. Justice Muhammad Ali Mazhar said that advice is not required where there is discretionary power. Who will do the notification? Abid Zuberi took the view that the notification to dissolve the Punjab Assembly was issued by the Secretary Act.
The public prosecutor objected that Abid Zuberi is the petitioner’s lawyer and cannot represent the legal profession. Abid Zuberi said that he is a lawyer of the Islamabad High Court Bar Association and not of any political party.
Speakers’ lawyer Ali Zafar, Supreme Court Bar President Abid Zuberi, JUI (F) lawyer Kamran Murtaza, President’s lawyer Salman Akram Raja, Attorney General Shahzad Elahi are also present in the courtroom during the hearing.
Justice Jamal Khan Mandukhel said that the president takes every step on the advice of the government, the governor also follows the advice of the provincial government, Abid Zuberi argued that the governor has the power to dissolve the assembly, the constitution provides for the dissolution of the assembly. There are methods.
The Chief Justice said who will make the notification to dissolve the Assembly, Abid Zuberi said that if the Prime Minister advises, then the Governor should make the notification, if the Governor does not sign, it is automatically dissolved in 48 hours. in this case. The notice of dissolution of the Parliament was issued by the law secretary instead of the governor.
Islamabad High Court Advocate Abid Zubair said that the Saifullah case 12 judges made the selection process mandatory, Justice Jamal said that Article 48 states that every act and action of the President shall be on the recommendation of the government, whether the current government or will the previous government call for elections?
The Chief Justice said that under this, giving a date for the elections would be on an advisory basis. Abid Zuberi said that the Constitution mentions four methods of dissolving the assembly. Justice Muneeb Akhtar said that the interim government is formed after 7 days. There must be harmony between the various clauses.
Justice Muhammad Ali Mazhar said that in the case of Punjab, the Law Ministry had issued the notification and not the Governor. Abid Zuberi said that according to Article 112 of the Constitution, the government can end with a motion of no confidence within 48 hours He said that according to the Constitution even today the government can ask the governor for an election.
Justice Mansoor Ali Shah observed that if the advice comes regarding the date of the government, how can the governor refuse, Abid Zuberi took a stand that the caretaker government came to Punjab on January 22, it is the authority of the caretaker government to run the day-to-day affairs.
It is my jurisdiction to note suo motu, Chief Justice Umar Atta Bandial
It should be noted that Justice Ijazul Ahsan, Justice Yahya Afridi and Justice Mazahir Akbar Naqvi and Justice Attar Minullah excused themselves from the hearing.
Before the hearing began, the Supreme Court issued an interim order that the hearing be held on February 23.
The 9-member bench was scheduled to begin the hearing at 11:30 am yesterday, but after reconstituting the bench, the proceedings finally resumed at 1:30 pm.
Earlier, in the announcement of the Supreme Court on spontaneous reporting, it was said that there will be spontaneous reporting on 3 issues.
First, who is responsible for giving the election date when the assembly is dissolved?
When and how to use the constitutional power for a date for elections?
The last and important question is what is the responsibility regarding the general elections of the federation and the provinces?
Announcement of the date for general elections by the President
It should be noted that on February 20 this month, President Dr. Arif Alvi announced the date of Punjab and Khyber Pakhtunkhwa elections on April 9.
A statement released by the Presidency said that in a letter written by President Arif Alvi to Chief Election Commissioner Sikander Sultan Raja, it said that under Section 57 A of the Elections Act 2017, on April 9, Sunday, provincial elections will be held in Punjab and Khyber Pakhtunkhwa Assembly Elections Announced.
The letter directs the Electoral Commission to issue the election program according to Article 57-2 of the Electoral Law and since there was no order from any judicial forum, there was no exercise of the powers of the President according to Article 57-1. It’s not an obstacle.
President Arif Alvi wrote that according to the constitution he swore to protect and defend the constitution, the constitution and the law do not allow a delay of more than 90 days, so to avoid violating the constitution, it is his duty to announce the date of the election. I think that fulfilling the constitutional and legal duty is necessary.
He wrote that the governors of Punjab and Khyber Pakhtunkhwa are not fulfilling their constitutional obligations to fix the date of elections within 90 days after the dissolution of the provincial assemblies. court like the old Urdu saying “Pale Aap Nahi, Pale Aap”.