All eyes on SC hearing in election delay case

ISLAMABAD: A three-member bench of the Supreme Court will today take up the Punjab and KP election matter. The bench — headed by Chief Justice of Pakistan Justice Umer Ata Bandial — will take up the suo motu as well as PTI’s petition challenging the order of the Election Commission of Pakistan for postponing the Punjab election to October 8.

The Pakistan Democratic Movement (PDM) the other day expressed dissatisfaction with the bench hearing the matter.

Meanwhile, the counsel representing the PDM will chalk out a strategy together with the attorney general in the Supreme Court at 9 am today before the commencement of the hearing in the matter.

Kamran Murtaza, counsel for the JUI-F, told The News that they will argue before the court after receiving instructions from the PDM leadership.

He said the leadership will decide whether they should boycott the proceedings of the court or not.

As the court has already declined to constitute a full court bench, therefore, it will be decided whether the proceedings should be boycotted or not, he added.

During the last hearing, the attorney general, as well as the Pakistan Bar Council, had requested the court to constitute a full court for hearing the matter. The court, however, rejected the government's request.

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

Meanwhile, raising objections to the constitution of a three-member Supreme Court bench to take up the delay in the Punjab and KP elections case, the ruling coalition has pinned hope on the detailed verdict of Justice Yahya Afridi and Justice Athar Minallah on the question of delay in the elections or establishment of a full court bench.

Highly-placed sources told The News Sunday evening that Attorney General (AG) Mansoor Usman Awan will submit before the three-member bench that the parties included in the ruling alliance did not trust the bench and for the reason, the matter should be taken up by a full court bench.

In case the plea is not granted by the chief justice, the AG would beg to leave the case and inform the court about the decision of the ruling alliance to boycott the proceedings.

In principle, the objection would be raised on behalf of three major parties of the ruling alliance — Pakistan Muslim League (PMLN), Pakistan Peoples Party (PPP) and JUI-F.

The component parties of the ruling alliance sought acknowledgement as respondents at the initial stage but till the last hearing, they were not accepted as a party by the court.

The sources said stringent security arrangements had been made in the Red Zone, especially the Constitution Avenue where the Supreme Court Complex and Parliament House were situated.

The two houses of the Parliament would separately be in session during the hearing.

The sources pointed out that the government hadn’t issued any specific instructions to the federal secretary of finance and federal secretary of defence to appear before the three-member bench of the court today although the court had issued orders for their appearance today on commencement of the hearing at 11:30 am.

Both have been summoned by the court for an appearance. The PTI and its Chairman Imran Khan have expressed full faith in the three-member bench. They are prepared to be heard by the present bench or even by the full-court bench.

The PTI is a plaintiff in the case while the state and Election Commission are among the defendants.

The ECP is being represented by eminent jurist Irfan Qadir, Advocate, who had earlier served as attorney general in the PPP government led by Syed Yousaf Raza Gilani.

He was a special assistant to the prime minister and opted to resign from the post and has become the counsel for the commission. The court is yet to give him time for the hearing. He requested three minutes on Friday but was denied the opportunity.

The sources said Attorney General Mansoor Awan had an important meeting with him on Sunday where they discussed the overall developments about the matter being heard by the apex court.

The ECP has determined October 8 for holding elections to the two provincial assemblies. The PTI has been pressing for the elections within 90 days of the dissolution of assemblies. April 30 was fixed as the polling day by the president on the indulgence of the apex court.

Talking to this reporter on Sunday evening, Irfan Qadir said he would seek fresh guidance from his client.

It is unlikely that the ECP would boycott the court proceedings.

Irfan Qadir has planned to extensively argue the case and will take a firm position on the authority of the commission in respect of holding polls.

The Election Commission will refer to the reports that he already had assembled about the hindrances in the way of holding free, fair and transparent polls of the two assemblies.

Meanwhile, sources expressed the hope that the verdict of the three-member bench, if handed today, would be discussed in the two houses of parliament, which would be in session during and after the rising of the court.

The members belonging to the ruling alliance have already been requested to remain present in the House, as Prime Minister Shehbaz Sharif will also attend the whole proceedings of the House.

Meanwhile, the Supreme Court has given time to the attorney general for Pakistan to submit a reply to the questions put to him on the last date of the hearing on the financial and security issues raised by the Election Commission of Pakistan.

It said the finance and defence secretaries will attend the court hearing.

Talking to Geo News show Naya Pakistan with Shehzad Iqbal, PMLN leader Malik Ahmad Khan said foremost it should be decided if the apex court can hear the case related to the postponement of elections. He said the court cannot hear the case after the 3-4 verdict on the suo motu proceedings. The SC must decide if the case is admissible for hearing and if it at all falls in the jurisdiction of the apex court.

In a related development, the prime minister summoned a meeting of the PMLN parliamentary party on Monday (today), which will be held at 1:00 pm at the Parliament House. The meeting will chalk out a strategy for the current political situation. The premier will later attend the assembly session. Shehbaz has instructed all the PMLN leaders to attend the meeting, adding that the country’s future was critical. Moreover, he said this meeting is taking place at a decisive stage for the democratic future.

Meanwhile, PTI leader Fawad Chaudhry has said if the court orders were not implemented, the Supreme Court could send another prime minister packing on Monday.

In an interview with a news channel, he said the Supreme Court had already issued its verdict to hold the general elections in two provinces. “Now this three-member bench is hearing a case related to the implementation of its order. If the apex court orders were not implemented, then another prime minister could go home on Monday,” he said.

Expressing his annoyance over the delay in the grant of bail to PTI activists, Fawad said such judges should resign from their positions and go home.