
Punjab CM election: SC resumes hearing as govt boycotts proceedings
ISLAMABAD: Supreme Court of Pakistan bench headed by the Chief Justice of Pakistan Umar Ata Bandial concluded the hearing of the Punjab Chief Minister Election case and will announce the verdict shortly.
The Supreme Court rejected the coalition government’s request to form a full bench to hear the case of the Punjab CM election. On the final day of the hearing, the counsel for Punjab Assembly Deputy Speaker Dost Mazari informed the court that he had decided to boycott proceedings.
The counsel for PPP Farooq H. Naek also boycotted proceedings. The counsel for PTI and PML-Q leader Chaudhry Pervaiz completed their arguments. After final arguments by Deputy Attorney General, the court concluded arguments and reserved the verdict.
SC reserves verdict, will announce at 5:45 PM
The Supreme Court of Pakistan has concluded hearing and reserved its verdict in the case. The verdict will be announced at 5:45 PM today.
Mazari to file review petition
Deputy Speaker’s lawyer Dost Mazari’s lawyer said that his client had decided against participating in the case further.
“There has been an unprecedented boycott across the country against the apex court’s verdict” he told reporters.
Qadir said that he was hopeful the review petition would be fixed before a full-court bench, or one separate from the three-member bench.
Referring to Justice Qazi Faez Isa’s case, he said that a nine-member bench was formed to hear the matter of one judge. “
He said the Supreme Court has no right to interfere in the matters of the Parliament.
PTI’s counsel Imtiaz Siddiqui began his arguments. The chief justice recalled that Chaudhry Shujaat Hussain’s lawyer had informed the court that a letter was sent to all party MPAs with clear instructions.
Siddiqui responded that the way voting was done for the re-election was in front of the court and all party chiefs were present in Lahore. He pointed that the party chief’s letter should arrive in time.
The chief justice said the court would reach its decision in a “better way” if the counsels for all parties assisted the bench. he said those who had decided to boycott proceedings to rethink their decision.
CJP Bandial said that the parliamentary party did not take decisions on its own. He then asked Zafar what the law says and on whose instruction should the vote be cast.
The lawyer replied that the Constitution states directions regarding the vote were issued by the parliamentary party. The chief justice then asked whether the parliamentary party was separate from the party head.
Zafar responded that during the tenure of Pervaiz Musharraf, a law was introduced that empowered the head of the parliamentary party, instead of the party chief. He said the law was repealed through the 18th Amendment.
Barrister Ali Zafar said that in the judgement regarding the 21st Amendment, then Justice Jawad Khawaja had declared Article 63-A against the Constitution as the law stops members from voting freely.
He said the judge didn’t include the reason of his opinion in the verdict. He contended that a parliamentary party and the party leader were “two different things”.
Justice Ahsan remarked that as per the Constitution, the party head ensured implementation of the parliamentary party’s decision.
Deputy Speaker's ruling in PA case to be concluded today
ISLAMABAD: The Deputy Speaker's ruling in the Punjab Assembly case is expected to be concluded by today says the Chief Justice of Pakistan Umer Atta Bandial on Tuesday, BOL News reported. Chief Justice directed Barrister Ali Zafar to assist the court with legal questions for the proceeding of the case, or the other way around is that the panel would be separated from the bench. The CJ demanded that the proceeding will be completed by today and the decision will...
Apart from Irfan Qadir, no lawyer left the court. The lawyers for Hamza Shehbaz, Chaudhry Shujaat and PPP are present in the courtroom. PTI leaders Shah Mehmood Qureshi, Fawad Chaudhry, Pervaiz Khattak, Omar Ayub, Maeeka Bukhari, Faisal Javed are also present. PML-Q’s Moonis Elahi and Hussain Elahi are present but no one from the PDM has appeared in court.
Barrister Ali Zafar, the lawyer for PML-Q leader Chaudhry Pervaiz Elahi, said the court had instructed the parties to present their arguments yesterday. He said the issue is not the interpretation of Article 63A but on the directives by the party or parliamentary head.
CJP Bandial said the question remains on who can issue instructions to party members. He said the Constitution clearly states that the instructions are given by the parliamentary party, and the matter does not need any further interpretation.
He said the constitution does not allow obstruction in governance. He said an interim cabinet headed by the president was declared null and void by the Supreme Court in 1988. The court had ruled that the cabinet cannot function without the prime minister.
He said the formation of the full court was just to delay the case as judges are not available before the second week of September.
During the arguments, reference was made to the 21st Amendment, The top judge observed that the party leader can issue directives on voting. He said it was not a question of interpreting Article 63A but on deviation from party policy.
Chief Justice of Pakistan Umar Atta Bandial once again categorically said a full court bench will not be formed. He said the government’s lawyers have failed to present credible arguments on the formation of the full bench.
CJP said a full bench cannot be formed till September and the court does not want to prolong the matter. He said the government is using delaying tactics and has failed to answer during three hearing on the necessity for form a full court bench.
As proceedings began, Irfan Qadir said he has been ordered by his client to boycott court proceedings. He pleaded the court to review its verdict on the formation of full court bench.
PPP’s lawyer Farooq H Naik also excused himself from presenting further arguments. Irfan Qadir left the judge’s rostrum after a brief 40-second speech.
Punjab Assembly Deputy Speaker Dost Mazari’s lawyer Irfan Qadir reached the Supreme Court despite the coaltion government decision to boycott proceedings.
Irfan Qadir said he has boycotted the court proceedings and was sent to inform the Supreme Court. PPP’s lawyer Farooq H. Naik also reached the court.
Supreme Court of Pakistan bench headed by the Chief Justice of Pakistan Umar Ata Bandial has resumed hearing of Punjab Chief Minister Election case.
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