Islamabad: Supreme Court today (Thursday) in a suo moto notice over delay in Punjab and Khyber Pakhtunkhwa (KP) elections issued notices to President, Election Commission of Pakistan (ECP), Governors of all provinces, federal government as well as Punjab and KP governments, all the advocate generals, attorney general, all the constitutional institutions related to holding of elections, vice-chairman Pakistan Bar and President Supreme Court Bar.
A larger bench of the SC in chair of Chief Justice Umar Atta Bandiyal heard a suo moto notice over delay in provincial elections in Punjab and KP while justice Aijaz Ul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Muzahir Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar and Justice Athar Minallah are members of the bench.
At the outset of the hearing, Chief Justice Umar Atta Bandiyal said that after dissolution of assemblies the authority to give elections date need clarification as Punjab and KP assemblies were dissolved on January 14 and 17.
The CJ said that it will not tolerate the violation of the constitution and said that we wanted elections should be held as per the constitution.
The CJ said that the top court has to listen three matters adding that President Arif Alvi announced date of elections April 9 while the article 224 of the constitution says that election will be held within 90 days.
Justice Umar Atta Bandiyal said that the President has announced the date under section 57 and we have to determine who has the authority to give elections date after dissolution of the assemblies.
The CJ said that we have intention that to hear from all of you but owing to scarcity of the time the hearing will not be long.
He directed all the respondents do preparations as the hearing will commence from Monday.
Justice Jamal Khan Mandukhail said that he has some reservations on the suo moto notice. While Justice Mandokhail and Justice Athar Minallah raised questions on the bench of suo moto notice.
They said that this suo moto notice was taken during the CPO transfer case heard by Justice Aijaz Ul Ahsan and Justice Muzahir Ali Naqvi adding that despite the response of Chief Election Commissioner (CEC) justice Aijaz Ul Ahsan and Justice Muzahir Ali Naqvi wrote for the suo moto notice.
Later, the CJ remarked that earlier we had to determine three questions now we are adding fourth question of Justice Athar Minallah.
The hearing of the case has been adjourned till tomorrow 11 am.
