- CJP Bandial advises AGP: “Ask your people not to speak harshly in parliament.”
During the hearing of the review petition filed by the Election Commission of Pakistan (ECP) challenging the Supreme Court’s order to hold elections in Punjab on May 14, Chief Justice Umar Ata Bandial assured that the court would not use the past against the government and emphasized its impartiality.
Attorney General for Pakistan (AGP) Mansoor Usman Awan presented his arguments, addressing the court’s remarks from the previous day and clarifying the points raised by the bench. CJP Bandial reassured the attorney general that the court would consider any reasonable points presented before making a decision. He urged the attorney general to inform his colleagues not to speak harshly and assured that the court had a clean heart and was impartial in its proceedings.
The scope of the review petition was discussed, with ECP’s counsel Swati arguing that the court should interpret the Constitution as a living document, allowing for an expanded scope of review. However, the justices raised concerns about the potential implications and the impact on judicial precedents. They questioned whether the Supreme Court’s rules would be nullified if the scope of review was expanded and highlighted the potential backlog of cases that would arise. The AGP’s opinion on this matter was also requested by the court.
Amidst the discussions on the scope of the review petition, CJP Bandial instructed Swati to address the main issue at hand, which was the date for the Punjab elections. The court emphasized that the ECP should have properly briefed the president about the situation and recommended simultaneous elections throughout the country. The ECP was criticized for seeking more powers without presenting the ground reality or hard facts.
Swati presented examples of previous cases where the court had reviewed its decisions, but the justices questioned the applicability of those examples and stressed the need to consider the specific circumstances of each case. The hearing was adjourned until May 25.
The ECP had filed the review petition, arguing that the court’s order to hold elections in Punjab breached the principle of separation of powers. The ECP asserted that under the Constitution, the power to announce election dates lies with bodies other than judicial institutions. The ECP also contended that fair elections could not take place in the presence of an elected government in Punjab, as the electorate is likely to vote in favor of the party in power in the province.
The hearing highlighted the ongoing legal discussions and debates surrounding the review petition and the authority of the ECP in determining election dates. The court’s emphasis on impartiality and its commitment to considering reasonable points presented by the parties involved reflects its dedication to upholding the principles of justice and the rule of law.
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