During the hearing of the PTI petition, the apex court has been told thatthe Election Commission of Pakistan has the authority to alter the electiondate.
The ECP lawyer told the Supreme Court that the commission has the authorityto extend the poll date under the election programme.
The Supreme Court on Wednesday resumed hearing PTI petition challenging theElection Commission of Pakistan’s decision to postpone elections in Punjaband Khyber Pakhtunkhwa a day after the National Assembly passed aresolution asking the apex court to “refrain from interfering in politicaland administrative affairs” and called for the formation of a full SC benchto hear constitutional matters.
The resolution moved by Minister for Information Marriyum Aurangzeb statedthat the ECP is a constitutional body and any trespassing in its domainshould be avoided and let the commission hold polling in a conduciveenvironment as per its prerogative.
It said that the House considers undue interference by the judiciary inpolitical matters as a cause of political instability in the country. TheHouse validates the four judges’ decision in the suo-moto case and callsfor its implementation. It expects that the higher judiciary will refrainfrom interfering in political and administrative matters.
Earlier, the ‘Supreme Court (Practice and Protection) Bill, 2023’ wasintroduced in the House. The bill later was referred to the NA StandingCommittee which has been approved today.
A larger five-judge SC bench headed by Chief Justice of Pakistan Umar AtaBandial and comprising Justice Ijaz-ul-Ahsan, Justice Munib Akhtar, JusticeAminuddin Khan and Justice Jamal Khan Mandokhail is hearing the petition.
During yesterday’s hearing, Chief Justice Bandial remarked that the ECP didnot have any right or legal backing to extend the election date till Oct 8and asked the Attorney General for Pakistan (AGP) to get instructions fromthe federal government in this regard.
The apex court is likely to conclude the hearing today and come up with afinal judgement.
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Today’s hearing
At the outset of the hearing today, lawyer Farooq H Naek requested thecourt to form a full court bench. He further said that first of all, itshould be decided whether the SC decision was 3-4 or 2-3.
On this, Chief Justice Bandial told him off saying ‘don’t disturb thecourt’s atmosphere’. He asked Naek to submit his written request to thecourt.
Naek also requested the court to name his party respondent in the case.
On this, CJP Bandial asked him which party he wanted to represent –PDM orPPP.
Naek said that the PPP was not a part of the PDM.
