- AGP claims that the review of judgements law has become effective, and the SC adjourns the Punjab election case.
ISLAMABAD: The hearing on the Election Commission of Pakistan’s (ECP) petition regarding the date of Punjab’s general elections was indefinitely adjourned by the Supreme Court. This decision came after it was brought to the court’s attention that a new law for reviewing suo motu judgments had been enacted. The Supreme Court Review of Judgements and Orders Bill, 2023, which received President Arif Alvi’s assent, mandates that a larger bench than the one issuing the order should review suo motu judgments.
The three-member bench, headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar, heard the plea. This is the same bench that issued the April 4 verdict under Article 184 (3) of the suo motu law, directing the commission to conduct elections in Punjab in mid-May and instructing the federal and Punjab governments to provide assistance to the ECP.
However, despite the court’s order, the federal government expressed its inability to provide funds to the election commission, and the armed forces cited the ongoing law and order situation as a reason for being unable to provide security. Consequently, the elections did not take place on May 14 as directed.
During the hearing, Attorney General for Pakistan Mansoor Usman Awan informed the court about the new law for challenging suo motu orders, which led to a smile from the ECP lawyer. The Chief Justice remarked that the situation was interesting and expressed the court’s understanding of the need to review suo motu orders. He emphasized that the newly enacted law only applies to Article 184(3) and encouraged everyone to reconsider their stance, find a silver lining after the incidents on May 9, and work towards bridging differences and bringing peace to the system.
Moving on, the Chief Justice clarified that the court did not invalidate the commission in the audio leaks case, pointing out that the court’s order had stayed the proceedings of the high-powered judicial commission and the government’s notification on its constitution. The Chief Justice stressed the need to protect the independence of the judiciary and cautioned against secret meetings, emphasizing the importance of following proper procedures for investigations.
The Chief Justice mentioned that the court had seen notifications for other judicial commissions and highlighted that they were constituted at the discretion of the Chief Justice. He also offered the option of investigations conducted by another judge, emphasizing that the current political temperature would not improve livelihoods or law and order.
In conclusion, the Supreme Court postponed the hearing on the ECP’s petition due to the implementation of a new law for reviewing suo motu judgments. The Chief Justice expressed the court’s support for the review process and urged stakeholders to reconsider their positions, work towards reconciliation, and ensure proper procedures for investigations. The court also emphasized the importance of protecting the independence of the judiciary and avoiding secret meetings.
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