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Supreme Court Main Aham Case Par Samat | Dunya News

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Chief Justice of Pakistan Umar Ata Bandial has questioned whether the Election Commission of Pakistan (ECP) has the authority to extend the date of elections.

The CJP raised the question when the hearing of PTI's petition against postponement of the Punjab and Khyber Pakhtunkhwa elections resumed on Tuesday.

At the outset of the hearing, CJP Bandial welcomed newly-appointed Attorney General for Pakistan (AGP) Mansoor Awan. The CJP remarked that the court did not want to drag the matter. The question in front of the court was simple: Can the date for elections be extended or not?

“If the ECP has the authority [to extend the date], then the matter will be over,” he said.

Justice Jamal Khan Mandokhail, who is a member of the bench, questioned can the assemblies be dissolved on the whim of one man, adding that elections in the country would be held anyway but the question was who had the authority to extend them beyond 90 days.

CJP Bandial noted that the AGP had raised the point to make political parties respondents in the case. “Rule of law is essential for democracy and without rule of law, a democracy cannot function."

“If the political temperature stays so high, problems will increase,” the apex judge added.

PPP lawyer Farooq H. Naek said there was “anarchy and fascism” in the country today. He sought time for preparation but the CJP said you are a senior lawyer and aware of all the facts. The CJP said the legal issue could not be resolved in a vacuum. "There is a need for discipline in society and political leadership," he observed.

Naek said the Constitution was a living document. Interpretation can only be based on the ground realities. What is good for democracy and the country in the current situation has to be determined. He submitted that political parties were stakeholders, they must be heard.

Justice Jamal Mandokhail asked why this question was not raised in parliament, to which Naek said "it is being under consideration."
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