The federal government on Monday filed a petition in the Supreme Court seeking reconstitution of the three-member bench currently hearing a case over a delay to elections in Punjab and Khyber-Pakhtunkhwa, arguing that judges who had already heard the suo motu notice of the case should not be included.
Attorney General for Pakistan Mansoor Usman Awan filed the miscellaneous plea in the apex court ahead of the resumption of proceedings into the Pakistan Tehreek-e-Insaf (PTI)’s petition challenging an Election Commission of Pakistan (ECP) order postponing election in Punjab from April 30 to Oct. 8. According to the plea, the Supreme Court has been requested to dismiss the election delay case in view of the “majority” (4-3) rejecting the maintainability of the suo motu that directed the ECP to issue a date for polls after consultation with President Arif Alvi.
In the alternative, read the plea, the ongoing proceedings should be postponed in line with an order passed by Justice Qazi Faez Isa seeking the suspension of all proceedings in suo motu matters until the Supreme Court Rules could be revised over the constitution of benches. “This Honorable Bench, in view of submissions made in paragraphs 11 and 12, may graciously recuse from hearing the instant petition and a bench comprising of all remaining Honorable Judges of this court, who did not hear [the suo motu case], may kindly be constituted to decide the questions raised herein,” it added.
The PTI’s petition is being heard by a three-member bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justices Munib Akhtar and Ijazul Ahsan. All three were in the bench that was hearing the suo motu notice over a delay in elections.
The ruling coalition has been repeatedly requesting the formation of a full court bench to hear the present case, expressing “no confidence” in the three-member bench. In the last hearing on Friday, too, the AGP and the Pakistan Bar Council had requested the court to constitute a full court for hearing the matter, but the bench had requested this request.
Ahead of the hearing on Monday, sources within the ruling alliance had indicated the government might boycott the proceedings if the bench hearing them were not reconstituted. However, as proceedings began at 11:30 a.m., both the AGP and representatives of the political parties appeared in court, and reiterated a request for reconstitution of the bench.
On Sunday, Prime Minister Shehbaz Sharif presided over a meeting with legal experts of his Pakistan Muslim League (Nawaz), with sources claiming they had decided to seek the reconstitution of the bench and also urge the apex court to clarify the “ambiguity” over the suo motu ruling, and whether it was issued by a majority of 3-2 or a minority of 4-3.