Chief Justice of Pakistan (CJP) Umar Ata Bandial, while hearing the petitions seeking review of elections in Punjab, remarked that the past will not be used against the government.
A three-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Muneeb Akhtar heard the review petition filed by the Election Commission of Pakistan, federal and provincial governments.
At the beginning of the hearing, Attorney General Mansoor Usman Awan came to the rostrum and said that the ECP’s lawyers should start arguments. He said “yesterday the court had said why the points raised by ECP in the review petition were not raised earlier, the second point was that the federal government was in the circle of a 3-4-member bench first.”
He further said that if elections were held in a province, the point of affecting the national assembly elections was raised and in his reply, he also mentioned the decision of 3-4.
On the attorney general’s points, the Chief Justice remarked “we welcomed you, said good to see you, you should not panic, and the court is sitting for your hearing.” He said that if any reasonable point is raised, then they will review and decide.”
Tell your people not to talk harshly in the House: Chief Justice
Chief Justice Umar Ata Bandial told the Attorney General that you should tell your people not to say such things, do not stand in the House and talk harshly, we work for Allah, so we are sitting quietly.
The Chief Justice further said that everything was not correctly reported, “It was said that Imran Khan was given Mercedes by the court, I do not use Mercedes, the police had arranged the vehicle, it is not known what was made from what.”
Meanwhile, ECP’s lawyer Sajeel Swati started the arguments by coming to the rostrum and said that the court always interprets the Constitution as a living document, the final institution of justice is the Supreme Court, and so the scope cannot be limited. He said that complete justice and no other court has the authority of Article 190.
If scope is expanded, years old cases will come: Justice Muneeb
Justice Muneeb Akhtar said that if your argument on the jurisdiction is accepted, then the Supreme Court Rules will be canceled, no amendment has been made so far on the revision of the Supreme Court Rules.
He further said that if the scope is extended, then many years old cases will also come, how can Order 26 related to review of Supreme Court Rules not be fully applicable.
Justice Ijazul Ahsan said that the constitution did not even give the time to file a review, can the review be filed after 20 years of the decision.
Why did ECP not advise President of holding same day elections?
Addressing the lawyer of the ECP, Justice Ijazul Ahsan said that it was not right to limit the scope of review, you want the scope to be widened.
The Chief Justice said that the nine-member bench had raised important questions in its order, the interests of political parties were linked elsewhere, instead of arguments on legal points the bench was objected to.
He said that the court could decide in two minutes that the review is dismissed, but the court wants to decide after hearing the legal points, the Election Commission did not tell the President about the situation.
Chief Justice Umar Ata Bandial said that the court had reviewed the suo motu case in the judges’ case.
Later, the hearing on the review petitions in the Punjab elections was adjourned till 12:15 pm tomorrow [Thursday].
