The Chief Justice of Pakistan (CJP) stated that Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail’s dissenting opinion on the March 1 judgment on Punjab and Khyber Pakhtunkhwa elections was their “opinion” and had no bearing on the ongoing case.
The CJP commented while the Supreme Court resumed hearing the appeal filed by Pakistan Tehreek-e-Insaf (PTI) challenging the Election Commission of Pakistan’s (ECP) ruling on Punjab and Khyber Pakhtunkhwa elections.
The Supreme Court of Pakistan hearing the petition filed by the Pakistan Tehreek-e-Insaf (PTI), which challenged the decision of the Election Commission of Pakistan (ECP) to defer the Punjab and Khyber Pakhtunkhwa elections until October 8, 2023. The PTI argued that this decision was unlawful and unconstitutional.
The larger bench presiding over the case was headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and included four other judges: Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan, and Justice Jamal Khan Mandokhail. At the outset of the hearing, the CJP welcomed the newly appointed Attorney General for Pakistan, Mansoor Usman Awan, and acknowledged the presence of senior lawyer Farooq H Naek, whom he referred to as a “good friend.” The CJP remarked that the court did not want to drag out the case and would consider the ECP’s jurisdiction as per the previous day’s order.
Read: CJP: Dissenting Judges’ Opinion Unrelated to Current Case
The CJP emphasized the importance of the rule of law and democracy, saying they were two sides of the same coin and required mutual tolerance, patience, and respect for law and order. He added that the court would review the questions raised in the petition and that its jurisdiction was not limited to the petition alone. The Attorney General contended that the court’s decision on March 1, 2023, should be decided before further action. The CJP responded by saying that the case was currently about the delay in elections, not the date of elections and that elections were necessary for a democracy.
Today’s Hearing
During the hearing, the CJP referred to a scathing dissenting note issued by Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail regarding the March 1 verdict on Punjab and Khyber Pakhtunkhwa polls. He stated that their opinion had no connection to the current case and should not be used to bypass sensitive issues.
The PTI’s lawyer, Ali Zafar, argued that every institution had to work within its constitutional bounds. The CJP responded by saying that he expected the PTI’s senior leadership to have the same behavior as expressed by the lawyer. He also advised the case parties to avoid differences, citing the country’s violence, intolerance, and economic crises.
Later on Tuesday, the ruling alliance, which included the Pakistan Muslim League Nawaz (PML-N), Pakistan Peoples Party, and Jamiat Ulema-e-Islam-Fazl (JUI-F), filed pleas in the Supreme Court to become a party in the case. They presented their stance when the hearing resumed.
The previous day, Monday, March 27, 2023, the Supreme Court issued notice to the Election Commission for delaying the polls in Punjab and sought guarantees from the government and PTI to ensure free, fair, and transparent elections. The court had raised questions about the legality of the ECP’s decision to postpone the election. In a suo motu case earlier in March, it had ruled that the elections for Punjab and KP assemblies should be held within 90 days.
In conclusion, the March 28 hearing in the Supreme Court of Pakistan dealt with the PTI’s challenge to the ECP’s decision to defer the Punjab and Khyber Pakhtunkhwa elections. The CJP emphasized the importance of timely and transparent elections and encouraged mutual tolerance, patience, and respect for the rule of law and democracy. The court considered legal and factual points raised in the case and welcomed the
