SC issues detailed verdict on rejecting formation of full bench

ISLAMABAD: The Supreme Court of Pakistan has issued a detailed long order for the hearing of the previous day of a case related to the Punjab Chief Minister election.

The three-page written order was issued after the top court rejected a plea by the coalition government to form a full bench in the case relating to the ruling by the Punjab Assembly Deputy Speaker Dost Mazari during the re-election of the chief minister.

During the hearing, the lawyers of the stakeholders and other respondents requested to form a full court bench. The court heard the arguments by lawyers for several hours regarding the formation of a full bench.

The court observed that the decision involves only one legal point in the case, whether the decision under Article 63(1)b can be issued by the parliamentary leader or the party chief.

The counsel for PML-Q chief Shujaat Hussain, Pakistan Peoples Party (PPP) and the deputy speaker argued in favor of the party head issuing instructions to party lawmakers. After hearing the case in detail, the court rejected the request to the form a full court over the matter.

On Monday, a three-member bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Munib Akhtar and Ijaz Ul Ahsan held a marathon hearing for over eight hours and announced a short order to reject the plea on the formation of a full court bench.

During the course of proceedings, Law Minister Azam Nazir Tarar said that arguments on Article 63-A’s review had not begun as yet which is a matter of grave concern.

The chief justice reminded the law minister that it was a five-member bench that had sent the previous prime minister home, referring to the court’s unanimous verdict on March 25 that restored the National Assembly and the no-trust move against the then prime minister Imran Khan, which eventually led to his ouster.

The CJP referred to federal government’s statements, both inside and outside the court, threatening to boycott the case if a full bench was not formed, and observed that if the incumbent government was not accepting the Supreme Court’s supremacy then it was a matter of concern.

Minister Azam Nazeer said forming a full court bench would increase the apex court’s judicial credibility. Deputy Speaker Dost Muhammad Mazari’s lawyer Irfan Qadir referred to Justice Qazi Faez Isa’s case, which he said was heard by 10 judges.

He said the bench’s neutrality was not being questioned but if a full court was constituted, the respect and confidence in the court would increase. He said the judiciary should also be united in their decisions along with politicians.

The counsel said the need for current hearing arose as there was a contradiction in the SC’s previous decision. He said he had full right to file a review petition and the case should not be heard in a haste.

He said The Supreme Court declared in a decision that the party head had an important role. He added that PML-Q President Chaudhary Shujaat Hussain took the decision as head of the party and wanted to place the facts before the court.

Irfan Qadir said the Election Commission of Pakistan (ECP) would decide whether the PML-Q members violated the party’s policy or not. There was a big difference between a party head and a parliamentary party head, he added.

He alleged that there was a hurry to bring justice to the party whose prime minister, president and speaker had “defrauded the Constitution”. The court should not rush the case and listen to their submissions, he added.

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