Suo motu notice: Supreme Court to resume hearing today amid demand for full bench

ISLAMABAD: The constitution of a full court as well as recusal of two judges from the nine-member bench hearing the suo motu case concerning elections in Punjab and Khyber Pakhtunkhwa (KP) has not been decided yet.

According to the Supplementary Cause List issued by the Supreme Court for Monday (today), no changes have been made to the nine-member bench, which will resume the third hearing.

The nine-member bench — headed by Chief Justice of Pakistan Justice Umer Ata Bandial — comprises Justice Ijazul Ahsen, Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar and Justice Athar Minallah.

It is pertinent to mention that three parties — Pakistan Muslim league Nawaz (PMLN), Pakistan Peoples Party (PPP) and Jamiat Ulema-e-Islam (JUIF) — the other day filed a civil miscellaneous application (CMA) with the apex court, praying for constituting a full bench comprising all the 15 judges besides seeking recusal of Justice Ijazul Ahsen and Justice Mazahir Ali Akbar Naqvi from the nine-member bench.

Interestingly, however, the three parties are not mentioned in the cause list meaning that the court has not yet impleaded them. Instead, the list mentions two petitioners – the Islamabad High Court Bar Association (IHCBA) as well as the petitioners including Sibtain Khan, Speaker Punjab Assembly, seeking announcement of date for holding the elections in Punjab and Khyber Pakhtunkhwa.

In its first hearing, the court had issued notices to the Attorney General Pakistan, the PDM parties, advocate generals of all the four provinces including advocate general Islamabad Capital Territory, chief secretaries of Punjab and Khyber Pakhtunkhwa and others.

The court did not issue notices to the governors of Punjab and Khyber Pakhtunkhwa, as they enjoy constitutional immunity under Article 248 of the Constitution. The court, however, noted in its order that they could file their stance if they might consider.

Legal circles believe that the real stakeholders in the instant case are the Election Commission of Pakistan and the Punjab and Khyber Pakhtunkhwa governors.

It is pertinent to mention that during the preliminary hearing in the instant case, Chief Justice of Pakistan Justice Umer Ata Bandial had remarked that the Islamabad High Court Bar Association and speakers of the Punjab and Khyber Pakhtunkhwa assemblies had filed constitutional petitions seeking direction of the constitutional authorities for holding elections in the two provinces with the contention that in line with Article 224 of the Constitution, elections to both the assemblies should be held within 90 days after their dissolution.

The chief justice observed that they had to protect the Constitution adding that all the constitutional institutions were bound to implement the Constitution.

Similarly, after taking suo motu notice of the case and constituting a nine-member bench, the chief justice referred to the bench questions for consideration as to who had the constitutional responsibility and authority for announcing the date for holding the general elections to a provincial assembly upon its dissolution.

It is to be seen as to what the court will decide on this constitutional issue and whether it will take into account the demand put forward by the three coalition parties seeking constitution of a bench having all the judges of the apex court as well the demand for recusal of Justice Ijazul Ahsen and Justice Mazahir Ali Akbar Naqvi from the nine-member bench.