Election delay case: Three-member SC bench resumes hearing

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2023-04-03T12:28:00+05:00

Islamabad (Web Desk): A three-member bench of the Supreme Court (SC) on Monday resumed hearing the Pakistan Tehreek-e-Insaf (PTI) petition challenging the Election Commission of Pakistan’s (ECP) decision to postpone elections in Punjab till Oct 8.

The bench is headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijaz ul Ahsan.

Attorney General for Pakistan (AGP) Mansoor Awan, ECP lawyers Irfan Qadir and Sajeel Swati, PTI lawyer Ali Zafar, Pakistan Peoples Party (PPP) counsel Farooq H. Naek were present in the courtroom as the hearing commenced today.

The government submitted a statement through the AGP in SC, seeking the PTI's petition in the light of what it interpreted as a “4-3” order issued by the top court on March 1.

The SC, had in a 3-2 verdict, ruled on March 1 that elections in Punjab and Khyber Pakhtunkhwa (KP), both of which have been under caretaker governments since the provincial assemblies were dissolved in January, should be held within 90 days.

The petition stated that the proceedings in the instant petition may kindly be postponed in light of the order passed by Justice Qazi Faez Isa, postponing all the proceedings in suo motu matters.

“This Hon’ble Bench, in view of submissions made in paragraphs 11 and 12, may graciously recuse from hearing the instant petition and a bench comprising of all remaining Hon’ble Judges of this court, who did not hear SMC No. 1/2023, CPs No 1 and 2 of 2023, may kindly be constituted to decide the questions raised herein,” it requested.

The ruling coalition has expressed “no confidence” in the three-member bench and requested to form a full court.

The Pakistan Democratic Movement (PDM) on Saturday expressed dissatisfaction with the bench hearing the matter.

During the previous hearing, AGP Awan, as well as the Pakistan Bar Council (PBC), had requested the court to constitute a full court for hearing the case.

But the three-member bench rejected the government's request.

The apex court had summoned the secretary of finance and secretary of defence for today.

On Friday, court gave time to the AGP to submit a reply to the questions put to him on the financial and security issues raised by the Election Commission.

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