ISLAMABAD: After a whirlpool of intra-court developments, things have snowballed into a serious duel between Chief Justice of Pakistan Umar Ata Bandial and the ruling PDM, as the incumbent rulers have expressed reservations over the three-member bench set to hear the case on the delay in holding of elections in Punjab and Khyber Pakhtunkhwa.
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 has also summoned the secretaries of interior and finance today.
Justice Ijazul 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 law did not allow anyone to delay elections, adding only the court can extend the date. In 1998 also, the polls were delayed on court orders and it issues such orders considering ground realities.
Meanwhile, in the latest development, the federal government on Monday filed a fresh plea in the top court seeking the reconstitution of the bench.
The federal government has requested the court to dismiss the PTI’s petition. It has also objected to the bench hearing the case.
The miscellaneous plea was filed by Attorney General for Pakistan Mansoor Usman Awan.
The petition says that after the decision of Justice Qazi Faez Isa, the hearing cannot continue. The CJP and Justice Munib have already decided the election case, it observes.
It further says Justice Ijazul Ahsan has already made his mind clear by writing a note for taking suo motu notice. Justice Ahsan also recused himself from the hearing in the initial stages.
The federal government pleads that it would be appropriate if the CJP and Justice Munib Akhtar also recuse themselves from hearing the case. Judges who have already heard the case should not be a part of the bench.
The judges who have not heard the case before should be on the bench, it pleads.
On the other hand, CJP Bandial quashed PTI leader Fawad Chaudhry’s petition seeking opening of Red Zone ahead of the hearing.
Fawad said Red Zone has been sealed, and it seemed as if it was Gaza. He added lawyers were also not being allowed to enter the court. Clashes are erupting at the entrance to the Red Zone.
The CJP observed the government and administration were taking security measures, adding it is not necessary for hundreds of lawyers to be present.
During hearing of the plea, Justice Muhammad Ali Mazhar remarked that “the situation has already become complicated after the suo motu notice, and yet you wanted us to take notice again”.
“Lawyers could come to the court premises after proper identification,” remarked CJP Bandial.
To prevent any sort of law and order situation, the capital police has deployed 700 police personnel in the Red Zone, while only the people concerned will be allowed to enter the high security zone.
A significant number of lawyers have gathered outside the apex court in response to the call of the bar associations to show their support for CJP Bandial.
Severe traffic jams have been reported on Club Road, Kashmir Chowk, Srinagar Highway, Marriott Chowk and Margalla Road.
People going to offices are stuck due to a lack of alternative routes. A large number of lawyers have reached the Constitution Avenue.
The Islamabad Capital Police spokesperson says entry into the Supreme Court is being allowed only after thorough checking. Lawyers and journalists have been asked to get themselves identified before entering the court.
Lawyers have been requested not to block roads, the spokesman said. He added there were threats of terrorism in the capital city.
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