Chief Justice of Pakistan, Umar Ata Bandial, deferred the hearing of the Election Commission of Pakistan’s (ECP) petition on Monday.
The petition calls for a reevaluation of the April 4 order to hold Punjab Assembly elections on May 14. The delay follows Attorney General for Pakistan (AGP), Mansoor Usman Awan’s notification that the Supreme Court (Review of Judgements and Orders) Bill 2023 had taken effect.
The review was scheduled for the next hearing by a three-member bench, including the Chief Justice, Justice Ijazul Ahsan, and Justice Munib Akhtar, and is now delayed until Thursday, June 1.
AGP raised concerns about the new legislation, which had come into force after receiving presidential approval, and submitted the relevant notification to the court.
According to the newly enacted law, a “meaningful review” of the Supreme Court’s decisions and orders is needed to ensure the basic right to justice, in line with Article 184 of the Constitution.
AGP explained that, under this new law, the boundaries of review and appeal are equivalent. Furthermore, he argued that the review could only be adjudicated by a larger bench and hence objected to the case being heard by the three-judge panel.
Justice Akhtar noted the ECP lawyer’s delight upon hearing about the Supreme Court (Review of Judgements and Orders) Bill 2023. Chief Justice Bandial added that the Supreme Court would proceed with hearings on petitions opposing the government-appointed commission for investigating audio leaks and advised the AGP to seek the government’s instructions in this regard.
The political stalemate regarding elections in Khyber Pakhtunkhwa and Punjab provinces emerged after the PTI government dissolved its assemblies in January.
As per the Constitution, general elections must be held within 90 days of the assembly’s dissolution. The crisis ensued when no election date was announced despite 40 days passing since the assemblies were dissolved.
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