Ruling coalition reiterates demand for full bench post SC hearing on Elahi's petition

Maryam terms 'bench-fixing'; Fazl urges judiciary not to push 'people to rebel against institutions'


Hansaat Malik July 25, 2022
PPP co-chair and Foreign Minister Bilawal Bhutto Zardari, JUI-F cheif Maulana Fazlur Rehman and PML-N Vice President Maryam Nawaz along with other ruling coalition leaders address media in Islamabad on July 25, 2022. PHOTO: APP

ISLAMABAD:

In a joint conference on Monday, Pakistan Muslim League-Nawaz (PML-N) Vice President Maryam Nawaz, Foreign Minister Bilawal Bhutto-Zardari and Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman along with other leaders of the ruling coalition demanded a full bench to preside over Pakistan Muslim League-Quaid (PML-Q) leader Chaudhry Pervaiz Elahi’s petition against the election of Punjab chief minister.

Hours before the SC is to resume the hearing of the case in Islamabad today, the allied parties hardened their stance against what Maryam Nawaz has termed as “bench-fixing” – expressing strong reservations over the bench composition in the crucial constitutional case.

“Our justice system is such that when a petition is filed, people already know what bench will be constituted and the decision that will be given,” Maryam said.

Pointing at the alleged bias against her party, she mentioned multiple instances of PML-N’s legal struggles and “discrimination” against it. “Since his election,” the PML-N leader said referring to Hamza Shehbaz, “Can you tell me a single day he was allowed to work in peace?”.

Read Ruling coalition seething over SC ruling on Hamza's 'trustee CM' status

"The system of injustice cannot work," she implored.

Pakistan Peoples Party (PPP) co-chair Bilawal Bhutto echoed similar sentiments saying that “it cannot be that three people decide the fate of this country. Three people cannot decide on whether this country will run on a democratic, elected or selected system,” he said.

“It is the question of our judiciary’s integrity,” added Bilawal. "We want things to proceed in accordance with the constitution and for institutions to remain neutral".

“We are not demanding that this is how matters should be decided”, he explained, "we are only saying that justice posits that a full court would hear the case."

Maulana Fazal Ur Rehman also added that "people and their leaders should be protected by the law" and legal institutions, “they shouldn’t have any conflict of interest or give the impression of being biased.”

“Institutions interfere in political matters to protect the state," he contended, "but do they ever reflect on how the state is weakened due to their interference?”

"Creating difficulties is not difficult at all," the JUI-F leader said as he urged the judiciary not to push "this nation to a point where people rebel against institutions”.

Shujaat, PPP fil petitions

The press conference comes hours after the Pakistan Peoples Party (PPP) and Chaudhry Shujaat Hussain party head of Pakistan Muslim League-Quaid (PML-Q) filed applications with the SC requesting to be made a party to the deputy speaker ruling case that is currently being heard by the court.

Chaudhry Shujaat in his application to the court said that he “wrote a letter to the Deputy Speaker on July 22” and argued that Dost Mazari had “disregarded the votes on the basis of the letter”.

“The votes given to Pervez Elahi by the PML-Q MPAs were in violation of Article 63” furthered the application and requested the court to make Chaudhry Shujaat a party to the case as he was “the relevant party in the case”.

Earlier a request was also made by the PPP lawyer Farooq Naik after PML-Q leader and Punjab Assembly Speaker Pervez Elahi moved the SC over Deputy Speaker Dost Mazari’s decision to disregard the party members’ votes in the provincial chief executive’s election.

The application says that the PPP being “one of the largest political parties of Pakistan ought to be affected by any decision made” by the court as it interprets Article 63-A of the Constitution of Pakistan and therefore pleaded that it was a “necessary party” to the case.

Citing senior party leader and former prime minister Syed Yousuf Raza Gillani’s case where seven votes were disregarded costing him the election, the petition said the PPP leaders "have always been victims of circumstances including political maneuvering, martial laws and coups resulting in the ouster of elected governments followed by judicial murder and assassinations.”

Read More: Govt makes pitch for full court hearing

“Thus, it would be in the interest of the public at large if the applicant is impeded as a party and heard before any order is passed by this Honourable Court while interpreting Article 63-A of the Constitution of Pakistan, 1973,” read the application.

The PPP petition also said that if it is "not heard in this matter of great importance not only [the] PPP as a political party will be condemned unheard but also all the members” and implored the court that "refusing to hear the above-named applicant would be oppressive to judicial conscience and would cause a perpetuity of injustice which would not be tolerated by a just judicial system.”

Meanwhile, the SC implemented a ban on the entry of political leaders citing “security concerns” raised due to a “crowd” gathering in the court.

Sources told Express Tribune that the passes that had previously been issued to political parties were also canceled and only parties to the case and their legal counsel were allowed to enter the court.

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