Anticipating an adverse decision from a Supreme Court bench in the Punjab elections’ delay case, the coalition government on Saturday held an important meeting, wherein it was decided that any decision of the three judges on the matter would be “unacceptable”.
Expressing their lack of confidence in the three-member bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Muneeb Akhtar, the ruling parties observed that the majority of judges had ruled against intervening in the matter.
They added that the majority of judges had demanded that the SC should cease the hearing of the case as well as alleged that the purpose of taking it up seemed to accord a special preference to a certain party.
To discuss the issue of the SC bench hearing the PTI petition’s against holding the elections in Punjab in October, the meeting, presided over by Prime Minister Shehbaz Sharif, was attended via video link by PPP Co-chairperson Asif Ali Zardari; his son Foreign Minister and PPP Chairman Bilawal Bhutto-Zardari; Pakistan Democratic Movement (PDM) President and JUI-F chief Maulana Fazlur Rehman; and PML-N Senior Vice President Maryam Nawaz.
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MQM-P’s Dr Khalid Maqbool Siddiqui and Aminul Haque; BNP-M's Sardar Akhtar Mengal and Hashim Notezai; National Party’s Dr Abdul Malik Baloch and Muhammad Tahir Bizenjo; PkMAP’s Mahmood Khan Achakzai and Shafiq Tareen; ANP’s Amir Haider Hoti and Mian Iftikhar Hussain; Balochistan Awami Party's Dr Khalid Magsi; PML-Q's Chaudhry Salik Hussain and Tahir Bashir Cheema; JWP’s Nawabzada Shahzain Bugti; QWP-S’ Aftab Ahmed Khan Sherpao; PML-N leaders Khawaja Muhammad Asif, Shahid Khaqan Abbasi, Sardar Ayaz Sadiq, Khawaja Saad Rafiq, Rana Sanaullah, Rana Tanvir Hussain, Marriyum Aurangzeb, Malik Muhammad Ahmed Khan, Attaullah Tarar and Allama Sajid Mir; independent candidate Aslam Bhootani; JUI-F’s Maulana Abdul Ghafoor Haideri and Kamran Murtaza; JUP’s Shah Owais Noorani, National Democratic Movement’s Mohsin Dawar; and PPP's Farooq H Naik, Murtaza Wahab, and Shiraz Rajpar also participated in the huddle.
The participants of the meeting demanded that elections should be held simultaneously throughout the country. They emphasised that ignoring the constitutional prerequisite of holding transparent, free, and fair elections would push Pakistan towards catastrophic political instability as well as was tantamount to launching a suicide attack on the financial interests of the country.
It was decided that they would not allow any state institution to push the country towards anarchy under the pressure of one political party.
The participants of the meeting agreed that an administrative matter was turned into a full-blown constitutional and political crisis.
They observed that ignoring security, legal, and political realities would be tantamount to remaining aloof from the interests of the country.
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It was said that the petition was being heard with a special purpose of giving relief to a party.
The participants noted that Article 218(3) of the Constitution and other provisions gave the sole prerogative to the Election Commission of Pakistan (ECP) to decide the matters related to polls.
They added that any decision coming from some other institution would be tantamount to intervening in the domain of the ECP.
The participants of the meeting expressed no confidence in the three-member bench led by the CJP.
They demanded that in light of the suo motu case 1/2023, the ongoing hearing of the case should be ceased.
The participants of the huddle alleged that the SC was trying to convert a minority decision to a majority one.
They were of the view that this matter was only creating a legal and constitutional impasse.
The ruling coalition believed that the decision of the five-member bench wherein the ECP was instructed to hold elections in Punjab and K-P at the earliest, was announced three to two even though it was actually four to three.
It added that the dissenting notes of two judges were not part of the order issued by the five-member bench.
The participants of the meeting emphasised that the decision of SC’s Senior Pusine Judge Justice Qazi Faez Isa to stop all hearings under 148(3) should also be respected.
They added that contradictory decisions had complicated the situation.
The participants of the meeting demanded that the Pakistan Bar Council and other lawyer bodies' reference 209 should be heard at the earliest.
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The participants of the huddle also expressed their dismay over the inclusion of Justice Ahsan even after he had voluntarily recused himself from the bench.
They demanded that Justice Ahsan should be excluded from the bench.
The meeting demanded that the CJP should take stock of the dissenting voices of fellow judges, requesting him to call a full-court hearing to undo the impression of a “one-man show”.
The huddle declared that the decision on Article 63 (A) of a three-judge bench of the SC had created political instability in the country and rewrote the Constitution.
Law Minister Azam Nazeer Tarar briefed the participants on the developing situation in the SC benches after the exchange of dissenting notes between its judges.
Finance Minister Ishaq Dar briefed the participants on the economic situation of the country.
The courts had already ruled in favour of holding the elections at the earliest, but the ECP delayed elections till October, citing security and financial reasons.
Speaking to The Express Tribune, Federal Information Minister Marriyum Aurangzeb said the decision of the current bench would be unacceptable to the government.
She added that when the ruling coalition had rejected the bench, how it could accept its decision.
The minister continued that the purpose of the huddle was to consult with all the allied parties.
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