ISLAMABAD: The Supreme Court of Pakistan (SCP) on Tuesday reserved verdict in the suo motu case taken up to determine who has the authority to announce a date for the elections. The verict will be announced at 11 am tomorrow (Wednesday).
A five-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Shah and Justice Mandokhail will pronounce the verdict on Wednesday at 11am.
Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial thanked all the lawyers for assisting the apex court throughout the hearing.
“I cannot say when will we be back [to announce the verdict],” the CJP added.
Earlier today, the court directed the political parties – both in power and opposition – to sit together to work out the date for the Punjab and Khyber Pakhtunkhwa elections.
The apex court directed PTI leaders Shireen Mazari and Fawad Chaudhry to hold consultation with party chairman, Imran Khan, and legal team of the ruling coalition to consult with their leaders on the election date.
The latest directive was issued after the three ruling parties – PML-N, PPP and JUI-F – withdrew the plea seeking formation of the full bench to hear the suo motu case following the recusal of four judges from the bench. While withdrawing the petition, Farooq H Naek said the ruling partners did not want to pursue the plea.
Justice Mansoor remarked the political parties should think about the country instead of indulging in the legal battle.
Previously, the case was being heard by the nine-member bench but it split on Monday into a five-judge bench after four judges – Justice Ijazul Ahsan, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah and Justice Athar Minallah – recused themselves from hearing the case.
At the outset of the hearing, Attorney General for Pakistan (AGP) Barrister Shehzad Ata Elahi raised objection about Islamabad Bar Council lawyer Abid Zuberi, saying his name was removed from the previous order of the top court. CJP Bandial remarked that an order became a decree when it was signed by the judges. He then allowed Mr Zuberi to submit his arguments.
At one point during the hearing, Justice Mandokhail asked if the governors and president were bound to take advice from the cabinet in the matter. “Can they announce the date for polls on their own?” he questioned.
The chief justice observed there was no need to take an advice when a person had a discretionary authority.
The CJP then inquired, “Who can issue the notification of dissolving the assemblies?” Abid Zuberi said the law secretary had issued the notification to dissolve the assembly. He said the apex court had declared in the past that elections were to be held within 90 days.
Meanwhile, Justice Mandokhail commented on the authority of the president to issue the date for elections, remarking that the Article 48 of the Constitution explained that every action of the president should be based on the recommendation of the government. At this, the CJP remarked: “This means that the announcement of the date for polls will be on advice of the government”.
However, Abid Zuberi argued that the governor had the authority to dissolve the assemblies. When the CJP asked, “Who will then issue the notification of the dissolution of assemblies?”
The lawyer said the governor had to issue a notification of dissolution of the assembly on the advice of the chief minister. He said the assemblies automatically stood dissolved within 48 hours of sending the advice whether the summary was signed by the governor or not. In this case, the notification of the dissolution was issued by the law secretary and not the governor, he said.
Justice Mandokhail observed that the government could still ask the governor for giving a date for elections today as per the Constitution. Justice Shah asked whether the president could refuse to approve an advice of the governments.
In the previous hearing, the PML-N, the PPP, the JUI-F and other parties raised objection against two judges of the nine-member bench of the apex court, saying a full bench should be made to hear the case.The ruling coaltition has also submitted an application seeking formation of the full bench case.
Read more: SCP orders political parties to work out Punjab, KP polls’ date after deliberations
