While hearing a set of petitions seeking elections in 90 days, the Supreme Court has issued notices to the Federal Government and Election Commission of Pakistan seeking their reply, reported 24NewsHD TV channel.  

The apex court has also accepted a plea by the petitioners beseeching the court not to form a larger bench to hear this case.

After issuing notices to the ECP and Federal Government, the court adjourned the case hearing till November 2.

A three-judge bench led by Chief Justice Qazi Faez Isa and comprised of Justice Athar Minallah and Justice Aminudding Khan heard the petitions seeking timely elections in the country on Monday.

Petitioner Abid Zuberi, who is also Supreme Court Bar Association President, PTI lawyer Ali Zafar and another petitioner Ibadur Rehman attended the court proceedings.

Abid Zuberi informed the court that the Supreme Court Bar Association had challenged the August 5 decision of the Council of Common Interests (CCI).

When asked by the CJP when he did he file the petition and why it hadn’t been fixed till now, Ali Zuberi said they filed the petition in August.

Justice Isa remarked, “We have been informed by the court staff that you did not request an early hearing." This should have been an urgent matter, the CJP said, asking when the census took place. Had the case been fixed on time, it would have been decided by now, the CJP further observed.

Zuberi said it had been requested that the Election Commission of Pakistan (ECP) be ordered to ensure elections in 90 days and nullify the CCI order regarding publishing the census results.

Justice Isa asked if a census was a constitutional requirement. Zuberi replied in affirmative.

If the 2017 census is not finalized, there will be a difference in the data, CJP Isa said.

Justice Aminuddin Khan said, “If the current census is not accepted, the elections will be held on the basis of the 2017 census.”

“If the current census is annulled, what will be your plea? Will you ask for a census again or ask for elections to be held on the previous one?” asked the CJP. 

“Caretaker governments are constitutional, you have written unconstitutional,” the CJP questioned.

Zuberi replied “We have demanded that the participation of two caretaker chief ministers in the Council of Common Interests meeting should be declared unconstitutional.”

Justice Minallah said that if the petitioners got into the current census, elections could face a further delay.

Zuberi said that the excuse of new delimitations due to the new census could not be used as a reason to delay the elections.

However, Justice Isa remarked that if Zuberi’s proposition was accepted, it would lead to further delay in elections.

 

Reporter Amanat Gishkori