Govt wants SC to clear air on 4-3 or 3-2 verdict

AGP likely to submit statement to top court today to resolve controversy surrounding polls date order

ISLAMABAD:

The federal government wants the Supreme Court to resolve the controversy surrounding the 4-3 decision on the dismissal of suo motu case about the announcement of the date to hold elections for the provincial assemblies first.

It is learnt that Attorney General for Pakistan (AGP) Mansoor Awan would file a written statement in the top court on Monday (today), requesting it to clear the air on whether the verdict in the case was 4-3 or 3-2.

Two SC judges, Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail, in their detailed order observed that the suo motu case in connection with the announcement of the elections date was dismissed by 4 to 3.

Later during the hearing, Justice Mandokhail noted that the order of the court in the case was not issued by Chief Justice of Pakistan Umar Ata Bandial.

The government wants that the issue be settled by judges, who were not part of the initial nine-member larger bench.

“We think the six remaining judges in the SC should resolve the controversy as whether the suo motu case was dismissed by 4 to 3 or by 3 to 2 in the order wherein it was held that the president would announce the date of elections,” said a government official.

The official wondered how the judges, who were part of nine-member larger bench, could resolve this controversy.

The government also wants to raise another issue in the written submission as whether or not a judicial order could be discarded through a circular issued by the SC’s registrar.

However, one section of lawyers said  three members of bench had passed their opinions on a two-judge order, wherein it was held that hearing of all cases under Article 184 (3) should be postponed until amendments to the SC Rules, 1980 about the discretionary power of the CJP to form special benches were introduced.

Similarly, the government would also repeat the question whether or not a judge who had recused himself from the bench could hear the same case again.

However, it is learnt that the government functionaries, including the AGP, would not boycott court proceedings.

The lawyers for political parties might express strong reservations before the three-judge bench led by the CJP.

Sources told The Express Tribune that CJP Bandial had consulted with the SC judges to cool down the temperature, which was being felt after some happenings within top court.

The sources added that the CJP had met some senior SC judges but the outcome of these parleys was unclear yet.

However, no full court meeting was held so far.

The sources said it was for the first time that senior judges were invited by the CJP for talks to end the differences, which were being discussed in the public.

A senior lawyer said there was a complete mistrust between the judges and that was why the chief justice should take some confidence-building measures first.

He added that otherwise, the question would continue to be raised on the legitimacy of judgments.

The senior lawyer said the CJP should dispel the impression that the benches were being formed on the basis of personal liking and disliking.

He added that a full court, instead of a larger bench, was the only solution to this crisis.

Former additional attorney general Tariq Mahmood Khokhar said not all judges accepted the “absolutist” ways of the CJP.

“Adamancy has led to serious differences of opinion that have now culminated into a factious and fractious schism among brother judges,” he observed.

He added that “extraneous” influences had made matters worse.

Khokhar said there was evidence of a fit of pique and the constitutional institution was mired in shambles.

“Judges need to rise above the circumstances that they have created, overcome their sense of pique and attend to the constitutional trust they have sworn to protect, uphold and discharge,” he added.

Khokhar said the CJP should promptly countenance a full court and all others should accept it with grace.

“That should herald the beginning of the end of judicial discord,” he concluded.

However, the Pakistan Bar Council (PBC) has disapproved any call for showing solidarity with any section of the SC.

PBC Executive Committee Chairman Hasan Raza Pasha said such a move would make the CJP controversial.