ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked May 14 decision cannot be taken back as holding election in 90 days is constitutional requirement.

He remarked time is over. Although not 90 days even then we tried to meet this requirement to an extent. He observed Election Commission gave us date of October 8 for holding election. Then again said that situation has changed after May 9 incident. Election Commission should have capability to ensure holding of election whatever circumstances are.

He observed this is not brand new case. It is an appeal against decision which has already been given. All are agreed on Constitution here. But all are not clear on implementation of Constitution. What happened on May 9, good thing happened after it that government and institutions said they would give arguments in court which are legal. Otherwise they were protesting outside door of court. What was motive of this protest.

He remarked Constitution is beautiful document. We all are agreed and united on Constitution. We are seeing this aspect that larger bench has to make decision about matter related to election now. This matter is linked to national issue.  He remarked we want to hear Punjab election review case and review act simultaneously. Some petitions have come to us against new review law.

We have to see review act matter at some stage. After notice on review act, this bench will hear election case under new act.  Election Commission Review petition about orders on Punjab election came up for hearing before 3-member bench of SC presided over by CJP Umar Ata Bandial here. On being inquired by court during hearing of case, Ali Zafar counsel for PTI took plea federal government new law on review runs contrary to Constitution and is in continuity of practice and procedure act. Court should hear review point and Election Commission petition. If review point remains sustained then larger bench can hear Election Commission petition.

Justice Munib Akhtar remarked if review act applies to us then counsel for election commission will have to start arguments afresh in larger bench. How can court hear Punjab election case if Supreme Court review act has been implemented.

Justice Munib Akhtar inquired from barrister Zafar “You please tell us how Supreme Court review act is not applicable to us in Punjab election review case. You say what. Should EC review petition be heard under old law. Ali Zafar said there is no harm in hearing present petition under old law. Constitution has died after May 14 in country.   

CJP remarked if larger bench is constituted then new points will be raised before it. It will not be possible to roll back law. Question is this is there constitutional sanctity of holding election in 90 days.  CJP remarked it is not possible to take back decision for holding election on May 14. Elections have not taken place but we have set principles that under what circumstances elections can be postponed and what circumstances elections cannot be postponed. We are working for truth. Whosoever interferes in job of truth unduly, it has consequences.

Ali Zafar requested that decision be given on matter of election. This new law about review is unconstitutional. Law was passed without sending it to Senate committee. If law is changed then it will have to be changed through constitutional amendments.  Court while issuing notice to Attorney General, President through Principal Secretary, Ministry of Parliamentary Affairs, Secretary Senate and respondents adjourned hearing of case till June 13.

Published in The Daily National Courier, June, 08 2023

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