ISLAMABAD: A three-judge reconstituted bench, hearing the case against delay in holding elections in Punjab and Khyber Pakhtunkhwa after Justice Jamal Mandokhail excused himself from the SC bench earlier today (Friday), has issued notices to the secretaries of Defense and Finance for Monday.
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This was the second time the bench had to be dissolved since Justice Aminuddin Khan had earlier recused himself from the the five-judge SC panel hearing the issue. As a result, the matter had to be heard by the remaining judges today.
During the course of hearing today, which started after Friday prayers, Chief Justice Umar Ata Bandia emphasized the need for dialogues between all parties in order to reach some conclusion, or else, the court would have play its constitutional role.
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The CJP remarked that if all parties agreed on dialogues, the court would give break for a few days.
Earlier, Chief Justice Umar Ata Bandial made it clear that the SC judges had no internal differences. “We also talked about some reservations. Some political issues came up which were fueled by the media and press conferences, but the court showed restraint throughout the matter.”
Justice Bandial further remarked “if the matter was only related to external image then our lives would have been peaceful. “Media persons sometimes say wrong things but the court always shows restraint,” the CJP remarked, adding that he would hold some meetings after the hearing. “Monday’s sun will rise with good news,” he added.
He remarked that the top court wanted to promote the political process, adding: “No one want delay in elections but there is need to cool down the political temperatures for polls”. It would not possible to go into elections with such political hype, the top judge remarked.
Towards the end of the session today, the CJP noted that the date for the election suggested by the president was already beyond the 90-day time period. “The president was not briefed about the situation by the ECP.
“Had they done it, the president would have given the date for April 30,” he said, pointing out that the matter in front of the court was of Oct 8.
“The court is not sitting here to increase problems. Either give us concrete reasons or commence a dialogue. One respondent [the PTI] is already giving the guarantee of its chairman and the government too will have to move on.”
The CJP further said that the tenure of the assemblies would be completed in August. “We can take a break for a few days if the government and opposition want to hold negotiations. If the negotiations don’t work out, we fulfil our constitutional role.”
But first, he continued, tell the court about the Rs20 billion expenditure on the elections. The CJP also recalled that he had suggested a cutback on expenditures earlier.
The Chief Justice of Pakistan cautioned that any department or institution that does not aid the Election Commission of Pakistan (ECP) will face the repercussions. He also mentioned that holding the elections has been decided, and the only aspect left to determine is the timing of the polls.
On at least two occasion, the Chief Justice rejected Attorney General’s plea to constitute full court bench to hear the case.
The Supreme Court issued notices to Secretaries of Defense and Finance, after which the hearing was adjourned until 11:30 am Monday.
