ISLAMABAD: The Supreme Court of Pakistan (SCP) has reserved verdict in Punjab and Khyber Pakhtunkhwa (KP) polls delay case and the top court to pronounce the verdict on Tuesday (tomorrow).
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 had also summoned the secretaries of interior and finance today. The AGP told the court the finance secretary is present along with a report.
The attorney general noted that there are rules for applications under Article 184(3), adding there was an SC verdict by a five-member bench on suo motu notice.
The CJP observed that the March 29 verdict of Justice Qazi Faez Isa suggests it would be appropriate to halt hearing of all cases under Article 184(3), adding the verdict did not contain a directive, but a wish.
Justice Munib noted that on one hand the political parties wanted a full court to hear the case and on the other, they want the hearing to be halted.
“The plea for a full court was rejected on Friday,” the AGP noted.
At this, Justice Akhtar asked the AGP to first decide if the hearing can be conducted or not. The CJP observed that the plea for a full court was rejected for the time being.
The maximum you can plead for is a larger bench, the CJP told the AGP.
“A larger bench will be requested at a later stage,” AGP Awan said.
CJP Bandial said no judge has been removed from the bench nor has anyone recused voluntarily. He added that nine members had sent the matter to the chief justice.
According to the court record, no judge recused from hearing the case, adding a full court hearing can be beneficial, but not full bench.
CJP Bandial said that during the last three days he had met with senior judges, and asked the AGP to argue on a larger bench, if he wanted.
“The judges who were not part of the nine-member bench should hear the case,” the AGP argued, adding the matter of a 3-2 and 4-3 verdict should be decided by the remaining two judges.
Justice 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 the law did not allow anyone to delay elections, adding only the court can extend the date. In 1988 also, the polls were delayed on court orders, and it issues such orders considering ground realities, he noted.
Addressing PPP counsel Farooq H Naek, Justice Akhtar said that on the one hand, objections have been raised on the bench, while on the other the political parties have become part of the proceedings.
He asked the senior lawyer to read out the declaration of the coalition partners’ meeting and the language used.
JUI-F lawyer Kamran Murtaza said the reservations were only on the bench, while Mr Naek said there were reservations about the admissibility of the petitions and the jurisdiction of the bench.
The CJP told the counsel not to become part of the proceedings if they wanted to boycott the case. “If you don’t want to boycott, give it in writing,” CJP Bandial suggested the political parties.
On being asked, the AGP told the court the federal government cannot boycott the proceedings. “The government works according to the Constitution.”
“For the last 48 hours, the media has been saying that political parties have no confidence over the bench,” Justice Munib Akhar observed, adding, “If you don’t trust us, how can you present arguments before us?”
The AGP said that according to the observations of four judges, the petitions against the ECP decision have been rejected.
“No clear order has been given in Justice Isa’s judgement,” the CJP observed.
AGP Awan then argued that the question was whose opinion should be deemed the majority decision. “The solution is that the judges who have heard the case before should be removed from the bench,” he suggested.
The CJP observed that security concerns were the main issue. The AGP observed it is a sensitive issue, and sought an in-camera briefing.
The issue of forces is not only about the army, but also of navy and air force, the CJP observed, adding if the army is busy, then help can be sought from the navy and air force.
“The election commission says 50 percent of the polling stations are safe,” the CJP noted, adding someone should at least come forward with the number of personnel required.
The AGP said the election commission had detailed some reasons in its verdict.
CJP Bandial asked the defence secreatary if the current security situation in Punjab is sensitive. The secretary responded in the affirmative, but said he could not divulge the details in an open court.
As PTI lawyer Ali Zafar appeared on the rostrum, he told the court the ECP says it can conduct the elections if adequate security was provided.
The CJP questioned how the security situation will improve by October 8, adding if the ECP required combative soldiers.
The defence secretary said reserve force can be utilised in certain cases, adding rules existed about summoning the reserve force.
The CJP asked for identification of the sensitive areas, adding the election commission had declared 45 percent polling stations sensitive.
The court allowed the defence secretary to submit a written report by tomorrow on the security situation.
Read more: Poll delay case: ‘If is army busy, help can be sought from PN and PAF,’ CJP observed
