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Federal cabinet rejects top court’s verdict in election delay case

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  • Federal cabinet sources say “verdict unenforceable”.
  • Govt to raise voice in parliament regarding SC decision: sources.
  • Maryam terms three-member bench as “Khan’s facilitators”.

ISLAMABAD: The federal cabinet Tuesday rejected the Supreme Court’s “unanimous verdict” on the case pertaining to the postponement of election in Punjab and Khyber Pakhtunkhwa (KP), sources told Geo News.

The development came during the cabinet’s meeting, chaired by Prime Minister Shehbaz Sharif, held after a three-member bench — headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar as members — announced the apex court’s verdict on the matter which it had reserved a day earlier.

Announcing the verdict on a plea filed by the Pakistan Tehreek-e-Insaf (PTI), the country’s top court declared the Election Commission of Pakistan’s (ECP) decision to postpone polls in Punjab and KP from April 30 to October 8 as ‘null and void’.

The Supreme Court, in its verdict, states that the ECP’s order dated March 22, 2023, is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect, and is hereby quashed.

“The Supreme Court’s decision is a minority verdict, which is why the cabinet rejects it,” the sources in the federal cabinet said.

The top court’s decision, as per the sources, is not enforceable.

The government would raise its voice in parliament regarding the verdict, the sources added. It was also decided in the meeting that the coalition parties in power will talk about the apex court’s decision in parliament, they added.

In the meeting, the cabinet decided to present its position on the verdict.

‘Last blow of conspiracy’

Commenting on the SC decision, Pakistan Muslim League Nawaz (PML-N) Senior Vice-President and Chief Organiser Maryam Nawaz took to her Twitter and wrote that today’s verdict is the last blow of the conspiracy which began by “rewriting the Constitution and presenting the Punjab government on a plate” to the bench’s blue-eyed boy, Khan.

Maryam termed the three-member bench as “Khan’s facilitators” and said that this was done so he could be reselected under their presence and supervision.

“This bench has taken responsibility for the work done by [Lt Gen] Faiz [Hamid], [ex-CJP Asif Saeed] Khosa and Saqib Nisar in 2018. A majority of the Supreme Court revolted against this appalling and brazen facilitation and one-man show,” the PML-N scion tweeted, stressing that it is now time for the parliament to stop this facilitation using its “constitutional and legal hands”.

She further stated that it is not enough for the federal cabinet to reject the verdict. The PML-N politician wrote that those who tried to impose the “favourite” by defying the Constitution and law should be brought to the rostrum.

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ATC revokes the arrest warrants for Khadija Shah

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In relation to the arson case at Jinnah House, the anti-terrorism court issued an arrest order for her.

Judge Arshad Javed issued an arrest order for Khadijah Shah because of his non-appearance in court.

After being granted bail by a local Quetta court, she was released from prison on December 28.

In relation to attacks on Jinnah House, Askari Tower, and setting police cars on fire, she was taken into custody.

In connection with a cybercrime case in which she posted messages on social media to incite people against the army during the May 9 unrest, the Federal Investigation Agency (FIA) also made an arrest of her.

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Request for Bushra Bibi to be transferred from jail denied

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The case on Bushra Bibi’s appeal was reopened by IHC Justice Mian Gul Hasan Aurangzeb. The judge of the IHC voiced his displeasure at Bushra Bibi’s attorneys’ nonattendance.

Both parties received criticism from the court for what it saw as political posturing.

The court refused to budge in the face of requests for relief, showing that it wanted to follow the law.

Advocate Shoaib Shaheen and Bushra Bibi’s legal team fought for a private medical examination to address health issues.

When evaluating the motion, Justice Mian Gul Hasan Aurangzeb insisted that Adiala Jail authorities get instructions before making a decision.

A delay in the proceedings was indicated when the court decided to hear the case of the former first lady along with other cases that had been sent to Adiala Jail.

It is important to note that Imran Khan, the former prime minister who is currently detained, claimed that his wife was poisoned at the Bani Gala sub-jail.

During the £190 million settlement case hearing in Rawalpindi’s Adiala jail, the former prime minister revealed the shocking information.

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Parliament’s joint session has been rescheduled for April 18.

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Following the general elections on February 8, the legislative year will begin on Thursday with President Asif Ali Zardari addressing the first session of both houses of parliament.

Articles 54 (1) and 56 (3) of the Constitution were invoked by President Zardari to call the meeting. According to Article 56(3), he will speak to the combined session, which starts at 4 p.m.

The combined session, which was originally set for April 16, has been moved to April 18. For this reason, the April 16 joint parliamentary session notification is revoked.

Note that both the upper and lower houses have had their members elected in accordance with the constitution, and that this will be the nation’s first joint session after the new legislative year has begun.

Former President Arif Alvi was still in office after the elections that took place on February 8, but he was unable to call a joint session because the Senate elections had not yet taken place.

The combined session was summoned by President Zardari a few weeks after he took the oath of office and after the Senate elections went well.

Some months after Prime Minister Shehbaz Sharif’s coalition government had taken power in the center, Alvi had already called a joint session of parliament on October 6, 2022.

On the other hand, the session was called by the then-president to commemorate the start of the 2022 National Assembly’s final full year.

Amidst the nation’s increasing political instability, the former president emphasized the need for dialogue and urged to end polarization in his speech to the parliament, which was marred by an unexpected boycott by the Pakistan Muslim League Nawaz (PML-N), Pakistan Peoples Party (PPP), and Jamiat Ulema-e-Islam Fazl (JUI-F).

“Stubbornness doesn’t mean that a person is a Polarized person.”

In the end, the number of parliamentarians in attendance during the former president’s speech dropped down to 12 from the initial 15 people.

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