SC resumes hearing PTI petition against delay in polls
The government on Tuesday tabled a bill titled "The Supreme Court (Practice and Protection) Bill, 2023" in the National Assembly and adopted a resolution holding “undue interference by the judiciary in political matters as a cause of political instability in the country”.
Pakistan Tehreek-e-Insaf (PTI) has filed a petition against the Election Commission of Pakistan’s (ECP) March 22 order postponing the elections in Punjab and Khyber Pakhtunkhwa citing multiple reasons.
Chief Justice Umar Ata Bandial on Tuesday observed that the ECP had no authority and legal backing for postponing the elections in Punjab until October 8 and passed its order in haste.
A five-member larger bench of the apex court, headed by Justice Bandial and comprising Justice Ijazul Ahsen, Justice Munib Akhtar, Justice Aminuddin Khan and Justice Jamal Khan Mandokhail, heard the petition of PTI challenging the ECP order.
During the hearing that lasted for over three hours, CJP Bandial remarked: “Elections can only be postponed by declaring an emergency.” He also asked if the ECP’s decision recommended imposing an emergency.
The chief justice observed that it was clear that the ECP had no authority to change the date given by the president for holding the election in Punjab. “In fact, the ECP passed its order on March 22 in haste, postponing the election until October 8,” the CJP remarked.
He said that the court would not prolong the instant matter, adding that they had raised a very simple question as to whether the ECP was competent to extend the date for the election.
“And if the ECP has the authority then there will be no question and the matter will come to an end,” the CJP said.
The chief justice further observed that maintaining the rule of law was necessary for the smooth functioning of democracy, adding that democracy cannot flourish without adhering to rule of law.
Farooq H Naek, representing the Pakistan Peoples Party (PPP), however, stressed that democracy also rests under trust, adding that the petitions were going to decide the fate of political parties.
“We are representatives of the people and stakeholders in the instant case,” Naek contended, adding that right now there was anarchy and fascism.
“The Supreme Court (Practice and Protection) Bill, 2023” proposes that every cause, appeal or matter before the Supreme Court shall be heard and disposed of by a bench constituted by a committee comprising the Chief Justice of Pakistan and two senior most judges in order of seniority.
It further states any matter invoking the exercise of original jurisdiction under clause (3) of Article 184 of the Constitution shall be first placed before the committee for examination and if the committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights is involved then it shall constitute a bench comprising not less than three judges of the apex court, which may also include the members of the committee for adjudication of the matter.
It recommends that an appeal shall lie within 30 days from the final order of a bench of the Supreme Court, which exercised jurisdiction to form a larger bench of the apex court and such appeal shall for hearing be fixed within a period not exceeding fourteen days.
Furthermore, it grants a party the right to appoint counsel of its choice for filing a review application.
An application pleading urgency or seeking interim relief filed in a cause, appeal or matter shall be fixed for hearing within 14 days from the date of its filing.
via Original Source
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