Imran Khan Ka Zikar Aagaya | Chief Justice Ka Final ORDER | Important Remarks

The Supreme Court will resume hearing on a petition filed by the Election Commission of Pakistan (ECP) seeking revisit to apex court’s ruling regarding elections in Punjab on May 14.

A three-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar will hear the review petition while ECP lawyer Sajeel Swati will resume submitting arguments.
The federal and Punjab governments and the Pakistan Tehreek-e-Insaf (PTI) have submitted their response to the court.

Previous Hearing

During Tuesday’s hearing, Chief Justice of Pakistan (CJP) Umar Ata Bandial remarked he was pleased to see the change in stance of the government and ECP on April 4 decision regarding holding of elections in Punjab as in the past they demanded formation of the full bench to hear the case.

At the outset of the hearing, ECP lawyer Sajeel Swati told the bench that the federal and Punjab governments had submitted their response but he had just received their copies.

The ECP counsel pleaded the court to grant him time to review the replies submitted by the governments. The chief justice asked him to submit arguments regarding his review petition as the court could raise a new point if it was needed.

Subsequently, Swati presented his arguments, contending the jurisdiction of ECP’s review petition was not limited to constitutional cases. He added that powers of the apex court could be increased but not reduced. He added the jurisdiction of the top court was limited to civil and criminal cases when it comes to cases related to reviews.

At this, Justice Ahsan remarked that the cases related to fundamental rights were treated as civilian. However, the ECP lawyer argued that the proceedings carried out under Article 184(3) could not regarded as a civilian case. The judge replied Article 184(3) was related to both public interest and fundamental rights.

At one point, Justice Munib inquired if it would be a civilian case if the elections case came to the Supreme Court from the high court. At which, Mr Swati argued that the high court had greater constitutional authority than the top court.

When Justice Munib Akhtar asked whether a review under 184(3) should be regarded as an appeal, the ECP lawyer replied in the affirmative, adding that the scope of review under Article 184 (3) was not limited.

Justice Ahsan responded that the constitution differentiated between the scope of the right to appeal and review.

Justice Munib remarked that accepting the ECP’s review petition would increase complications.

When the ECP lawyer insisted on right to appeal, the chief justice intervened and remarked the Article 184(3) of the Constitution did not give the right to appeal.

The ECP lawyer then asked the court to issue a detailed order in order to make things easier. Later, the hearing was adjourned till 12pm tomorrow (Wednesday).
#imrankhan #pti #umaratabandial


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