Punjab CM election: Supreme Court rejects govt plea to form full bench

ISLAMABAD: The Supreme Court on Monday rejected the coalition government’s request to form a full court bench to hear the case pertaining to Punjab CM election.

“If necessary, we will form a full court, currently the plea is rejected,” the Supreme Court announced in its verdict.

After former attorney general of Pakistan and lawyer of Punjab Assembly deputy speaker Irfan Qadir refused to argue on merit, the apex court accepted PML-Q chief Chaudhry Shujaat and Pakistan Peoples Party (PPP)’s request to become a party in the case. The court directed Chaudhry Shujaat and PPP’s lawyers to argue on the merits of the case.

Hamza Shehbaz’s lawyer also refused to argue on merits. Refusing to argue on merits, counsels of Hamza Shahbaz and Punjab Assembly Deputy Speaker Dost Muhammed Mazari said they could not give arguments without taking instructions.

Chief Justice of Pakistan Umar Ata Bandial said they wanted the deadlock of cases to be reduced, judges to hear other cases and the court to be less burdened with pending cases.

The chief justice said more legal clarification was required to make the full court bench. He said the court was ready to hear the case round the clock.

Counsel of Punjab Assembly Speaker and candidate for chief minister Parvez Elahi, Ali Zafar opposed formation of the full bench.

Federal Minister for Law Azam Nazeer Tarar said the Supreme Court should first hear the review of the vote counting decision. The chief justice said the court would see if more arguments were presented regarding the formation of full court bench. He said more assistance was required in this regard. Nazeer Tarar said it was an extremely serious issue to send a chief minister of 120 million people packing. The top judge said they had sent the prime minister home with five judges. “You were distributing sweets then,” he said.

Umar Ata Bandial said the court was reviewing arguments of all the counsels. He said the court would announce its verdict as per the law and conscience. “Your every word is being recorded, so you should choose words carefully. Don’t dictate the court,” the court remarked removing Azam Nazeer Tarar from the rostrum.

He said if a crucial question came then they would form the full court bench. He said it was a constitutional matter in the cases of 21st Amendment and NRO. “We will see if a constitutional matter arose then we will form the full court bench,” he said adding that Article 63A had a long journey.

“I have requested that by forming a full court bench, judicial respect will increase,” the law minister said.

“We have to look at the Constitution. If you want not to appear in the case, then you may do so. If the present government is not recognizing the Supreme Court, then it is a very serious matter,” the Chief Justice said.

Irfan Qadir said Justice Qazi Faez Isa was himself a SC judge and his case was heard by 10 judges. He said he was not raising question on the court’s impartiality, however perception regarding the current bench was not good. “If you see public opinion, then you will realise,” he said adding that questions would be raised if a bench would hear important cases. “A judge separates himself from bench if there is only suspicion of the court’s biasness,” he said.