Election suo motu: Law minister asserts SC rejected pleas with 4-3 majority

[FOOLS_NIGHTMARE]

While commenting on the Supreme Court verdict in its election date suo motu case, Federal Minister for Law and Justice Azam Nazeer Tarar said he believed that the petitions had been rejected by a 4-3 majority.

The federal minister said this while speaking to Geo News regarding the apex court's verdict that has directed the president and the concerned governor to fix suitable dates for the elections in Punjab and Khyber Pakhtunkhwa respectively.

A five-member bench of the Supreme Court, headed by Chief Justice Umar Ata Bandial, ruled that elections should be held within 90 days. However, Justice Mansoor Ali Shah and Justice Mandokhail jointly dissented with the majority verdict, saying "the suo motu proceedings do not constitute a fit case to exercise the extraordinary original jurisdiction of this court under Article 184(3) of the Constitution and are thus not maintainable as the same constitutional and legal issues seeking the same relief are pending and being deliberated upon by the respective provincial high courts in Lahore and Peshawar, without there being any inordinate delay in the conduct of the proceedings before them”.

“The Election Commission is therefore directed to use its utmost efforts to immediately propose, keeping in mind ss. 57 and 58 of the 2017 Act, a date to the president that is compliant with the aforesaid deadline. If such a course is not available, then the Election Commission shall in like manner propose a date for the holding of the poll that deviates to the barest minimum from the aforesaid deadline. After consultation with the Election Commission, the president shall announce a date for the holding of the general election to the Punjab Assembly,” read the 13-page SC order.

“The governor of the KPK province must after consultation with the Election Commission forthwith appoint a date for the holding of the general election to the KPK Assembly and the preceding clause (a) shall, mutatis mutandis, apply in relation thereto.”

Speaking on Geo News today, Azam Nazeer Tarar said he could not comment on the verdict as law minister since he had not received the copy and discussed the same with the federal cabinet.

“However, as a lawyer, I am of the view that these petitions have been dismissed with a 4-3 majority, as on February 23 when the case was first heard and Justice Athar Minallah and Justice Yahya Afridi had clearly stated that these are not maintainable.”

The minister maintained that the suo motu notice taken under Article 184(3) doesn’t qualify as this matter was already pending before the high court in KP and Punjab.

“Today, two more judges said that the petitions were not maintainable, so in my opinion, it’s a 4-3 verdict.”

He referred to the SC verdict in the Panama case against former prime minister Nawaz Sharif when a split verdict of a five-member bench was later merged as a 5-0 verdict.

This issue, Tarar said, should now be adjudicated in respective high courts.

Election suo motu: Law minister asserts SC rejected pleas with 4-3 majority

This issue should now be adjudicated in respective high courts, says Tarar

www.geo.tv

 

[FOOLS_NIGHTMARE]

‘No end to crisis’: Political experts pessimistic on implementation of SC verdict​

Anchorpersons Shahzeb Khanzada and Hamid Mir. — Screengrab
The Supreme Court (SC) announced on Wednesday that the elections in Punjab and Khyber Pakhtunkhwa (KP) need to be conducted within the 90-day period.
The decision, hailed by Pakistan Tehreek-e-Insaf (PTI), says that the federal government needs to hold elections in the given time.
However, political experts were of the view that the government and the Election Commission of Pakistan (ECP) will fail to implement the top court's order, further deepening the political crisis in the country.
Justice Shah and Justice Mandokhail believe that the Supreme Court has interfered in this matter and that the suo motu notice shouldn't have been taken related to this issue, said senior journalist Hamid Mir.
He said that the elections will likely be held on April 9, the same date that was announced by President Arif Alvi.
Mir added that the president has authority in the province of Punjab but not the KP because the governor in Punjab did not dissolve the assembly.
"All the state institutions are responsible to follow the Supreme Court's orders," he added.
He said that he believes that the government will now find ways to not implement the apex court's orders. He said that a new petition will be filed in this regard as the government and the ECP would not implement the orders.
"New petitions will be filed by the stakeholders seeking contempt of court against the chief election commissioner and the prime minister, defence minister and interior minister and the issue will continue," he added.
Those who don't want to implement the order will have an advantage because of the two judges who were against the court order.
He said that another matter will come to light as President Alvi's lawyer Salman Akram Raja had said that his client has decided to withdraw his notification for the general elections in KP and conceded that the president went beyond his constitutional powers and that he did not have the right to announce the election date in the province.
"As per the order, the government and the ECP must implement these orders but they will not do so as they have many excuses," said the journalist.

'Political instability to deepen'​

Senior journalist Shahzeb Khanzada said that the matter will go into litigation further as the government clearly does not want to conduct elections within 90 days.
It was earlier predicted that a split verdict will be announced, he said, adding that the two judges were against the suo motu notice on the matter.
He agreed with Mir and said that the country will further spiral into the crisis because a lot of questions need to be addressed.
"A new government will take over the provinces after the elections. But when the general elections take place in October, and if PML-N wins in Punjab in the provincial polls, then Imran Khan will not accept these elections and will not take part in the general polls," he said.
"If PTI wins in Punjab then the PDM will not accept these elections and then the National Assembly elections will be controversial," he said.
Khanzada said that the party that loses will not accept the elections on the National Assembly and call them "rigged" which will further increase the crisis and political instability.

‘No end to crisis’: Political experts pessimistic on implementation of SC verdict

All state institutions are responsible to follow Supreme Court's orders, says Hamid Mir

www.geo.tv

 

[Cheepek]

“However, as a lawyer, I am of the view that these petitions have been dismissed with a 4-3 majority, as on February 23 when the case was first heard and Justice Athar Minallah and Justice Yahya Afridi had clearly stated that these are not maintainable.”

Benches can be reconstituted, and those who recuse have no say in the final judgement. Would be better for the incumbent government to prepare for polls instead of tying themselves in knots.

 

[villageidiot]

Benches can be reconstituted, and those who recuse have no say in the final judgement. Would be better for the incumbent government to prepare for polls instead of tying themselves in knots.

In ki zindagi maot ka sawal he. They are squirming like fish out of water. Taking dying breaths.
We have no business trying to be reasonable. If they listened to reason, we wouldn't be here.

 

[Asimzranger]

even the most critical of pti journalist are taunting PDM`s narrative of 3,4 when Order verdict 3,2.

 

[ziaulislam]

Shame on ISI. Couldn't reach all the judges

Clearly funding is an issue for IsI we need to increase the funding

 

[lightning F57]

PDM are scared s******* to hold elections. A weak government will only prolong the economic and political mess they need to put aside their selfishness and think of Pak.

 

[Gripen9]

patwari fool chacha...

Show this to your idiot law minister as well. All need English remedial classes