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Punjab polls case hearing adjourned indefinitely after suo motu review law ‘comes into effect’

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11 months ago

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  • Larger bench to hear review plea under new law.
  • CJP Bandial says the situation is “interesting”.
  • Court indefinitely adjourns hearing on ECP plea.

ISLAMABAD: The Supreme Court Monday indefinitely adjourned the hearing on the Election Commission of Pakistan’s (ECP) petition against the top court’s order of holding Punjab’s general elections on May 14 after the court was apprised that a law for the review of suo motu judgements had come into effect.

The Supreme Court Review of Judgements and Orders Bill, 2023, came into force Friday after President Arif Alvi’s assent. The law states that for reviewing a suo motu judgement, a bigger bench — than the one that issued the order — will hear the case.

“In case of judgements and orders of the SC in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review on both facts and law, shall be the same as an appeal under Article 185 of the Constitution,” the law reads.

A three-member bench — headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar — heard the plea.

This is the same bench that issued the April 4 verdict — under Article 184 (3) or the suo motu law. It had directed the commission to hold elections in Punjab in the mid of May and ordered the federal and Punjab governments to provide assistance to the ECP.

Despite the top court’s order, the federal government expressed its inability to provide funds to the election commission and the armed forces had said they could not provide security due to the ongoing law and order situation.

So even with the presence of the order, the polls did not take place on May 14.

‘Happy’ CJP

At the outset of today’s hearing, Attorney General for Pakistan Mansoor Usman Awan told the court that a law for challenging suo motu orders has come into effect.

He added that under the new law’s section 2, the orders issued under Article 184 (3) could be appealed against.

“This law will have retrospective effect,” he noted, at which Justice Akhtar said this is why ECP lawyer Sajeel Swati is smiling.

Responding to the AGP, CJP Bandial said the situation is interesting. He added that the court understands the need for reviewing suo motu orders.

Through the Supreme Court (Practice and Procedure) Act, 2023, the government created a new “judicial jurisdiction”, the CJP noted, adding that the rulers tried intervening with the court’s administrative matters.

“But I am happy that this law [the review act] is only related to Article 184(3).”

The CJP added that “everyone” should reconsider their stance.

“After the May 9 incidents, try to find a silver lining. Try to bridge the differences. Try to bring balance and peace to the system and hold elections through the right procedure.”

Court did not invalidate commission: CJP

Moving on, the CJP told the attorney-general that he must have read the court’s judgement in the audio leaks commission case. “Keep in mind that the court did not invalidate the commission,” CJP Banidal remarked.

It may be noted that the Supreme Court Friday stayed the proceedings of the high-powered judicial commission formed to probe the audio leaks related to the judiciary, as well as the federal government’s notification on the commission’s constitution.

Justice Qazi Faez Isa, when he resumed the proceedings of the audio leaks commission the next day, raised questions over the SC order stopping the judicial panel from working.

Today, CJP Bandial said that the court has to protect the independence of the judiciary.

The top judge remarked that things will not work when secret meetings take place.

“It is a historical accident that there is only one chief justice,” he added.

The CJP said that the court had seen the notifications for the Memogate Commission, Abbottabad Commission and the commissions set up in the Shahzad Saleem murder case. He said that all the judicial commissions are constituted at the will of the chief justice.

“If you want to investigate something, it should be done through proper procedures. I will not form a commission consisting myself,” he added.

The top judge also gave the option of investigations through another judge, saying that “this political temperature will not improve livelihood and law and order”.

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The IHC upholds Bushra Bibi’s request to be transferred from Bani Gala to Adiala Jail.

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Bushra Bibi’s request to be transferred from Bani Gala to Adiala Jail was granted by the Islamabad High Court (IHC) on Thursday.

The former first lady Bushra Bibi’s application to be transferred from Bani Gala sub-jail to Adiala was heard today.

Details reveal that the Islamabad High Court heard a motion to restore the denied petition about the relocation of Bushra Bibi, the wife of PTI founder, from sub-jail Bani Gala to Adiala.

The application for the reinstatement of appeal was heard by Justice Miagul Hassan Aurangzeb. When state attorney Abdul Rehman entered the courtroom on behalf of the state, Usman Riaz Gill represented the former first lady.

State counsel did not object to the appeal being restored during court proceedings. At the following hearing, the court asked for assistance in determining what conditions must be met for a location to be designated as a sub-jail.

The court also mandated that Bushra Bibi’s medical examination be scheduled. The court subsequently delayed the hearing and gave instructions to fix the appeal for April 22.

Recall that the attorneys for former first lady Bushra Bibi, Barrister Salman Safdar, Usman Riaz Gill, and Khalid Yusuf Chaudhary, had filed an application to restore the dismissed appeal a day ago, but the Islamabad High Court had denied their request to pursue the case.

The petition contended that the traffic gridlock at the Sarina Chowk checkpoint was the reason for the delay in getting to the court.

The attorneys did not purposefully take their time getting to court. They warned that the petitioner would suffer irreversible loss if the petition was not resurrected.

IHC Justice Miangul Hassan Aurangzeb has voiced his displeasure at the absence of attorneys from the court.

According to Judge Aurangzeb, the former first lady would have been imprisoned if Bushra Bibi’s attorneys had prevailed in this case. The attorneys themselves were opposed to Bushra Bibi’s incarceration.

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oath-taking ceremony for the Balochistan cabinet postponed

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The Balochistan cabinet’s oath-taking ceremony, which was supposed to take place at the Governor’s House today (Thursday), has been rescheduled.
The Governor’s House spokeswoman announced that the Balochistan cabinet’s swearing-in event has been postponed. Nevertheless, there was no explanation provided for the ceremony’s postponement.

It is important to note that the 14-member Balochistan cabinet, which consists of two members from the Balochistan Awami Party (BAP) and six ministers from the Pakistan Muslim League-Nawaz (PML-N) was set to take the oath of office today, Thursday.

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PMD forecasts rain throughout the majority of the nation.

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20 hours ago

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During the next 24 hours (Thursday–Friday), the Pakistan Meteorological Department (PMD) has predicted rain, windstorms, thunderstorms, and a few torrential downpours or hailstorms throughout the majority of Khyber Pakhtunkhwa, Gilgit-Baltistan, Kashmir, Islamabad, Punjab, and Balochistan.

In several areas of Sindh, a rain-windstorm/thunderstorm is anticipated. Much of Balochistan is being hit by a powerful westerly wave trough, which is expected to spread to the top regions by April 18.

Prolonged downpours have the potential to cause flash flooding in Balochistani local streams and drains, particularly in Gwadar, Jiwani, Pasni, Ormara, Kech, Awaran, Kharan, Panjgur, Washuk, Noshki, Lasbela, Khuzdar, and Kalat.

On April 18–20, heavy rains could cause flash floods in tributaries of the Kabul River as well as in Dir, Swat, Chitral, Kohistan, Manshera, Gilgit–Baltistan, Kashmir, and other areas.

Lower Khyber Pakhtunkhwa, Murree, Galiyat, Kashmir, and Gilgit-Baltistan are among the regions where landslides may occur.

At this time, standing crops, power poles, cars, solar panels, and other objects may sustain damage from wind, hail, and lightning, according to meteorologists.

Upper Sindh and Balochistan saw rain, wind, and thunderstorms in the past 24 hours. During the era, there were also significant rainfalls in South Balochistan. Wednesday’s highs of 42 degrees Celsius in Mithi kept it as the country’s hottest spot.

Officials reported that lightning-related storm-related occurrences claimed the lives of at least 65 people in Pakistan, where the rate of precipitation in April has so far been roughly twice that of previous years. Floods and house collapses were caused by heavy downpours that occurred between Friday and Monday. Lightning claimed 28 lives.

32 people, including 15 children, have killed and over 1,300 homes have been damaged in northwest Khyber Pakhtunkhwa, which has suffered the greatest victim count.

The meteorological experts report that there is little probability of rain, despite the fact that drizzle fell in numerous areas of Karachi.

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