Punjab election order on May 14 cannot be carried out: CJP

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CJP of Pakistan
CJP of Pakistan
CJP of Pakistan
CJP of Pakistan

Supreme Court joins arguments against the Review of Judgements Act and the election case: According to Justice Bandial, disrupting the administration of justice by protesting at the court gate: Hearing is postponed until Tuesday. According to the 24NewsHD TV channel, the Supreme Court has combined the petitions against the SC (Review of Judgements and Orders) Act, 2023 and the Election Commission of Pakistan’s request for a review of the court’s judgement dated April 4 regarding the holding of elections in Punjab on May 14.
The court reached this conclusion on Wednesday while considering the Election Commission’s request for a review of the Punjab elections.
The case was considered by a three-judge panel that included Chief Justice Umar Ata Bandial, Justice Ijaz-ul-Ahsan, and Justice Munib Akhtar. The attorney general of Pakistan informed the Supreme Court during a prior hearing of the ECP review petition that the SC (Review of Judgements and Orders) Act, 2023 had become a law, expanding the jurisdiction of the court by granting an appeals power under Article 184(3). When the court heard this, it had put the case on hold and said that the new law will be covered first.
The chief justice announced at the beginning of today’s session that the Supreme Court had received a large number of petitions challenging the new Act and he ordered them to be grouped along with the ECP’s review petition. He directed that these petitions be scheduled for a hearing on Tuesday.

The presiding judge stated that the court would strive to reach a decision on the ECP review petition as soon as possible after concluding the hearing in the Punjab poll case.
The federal government, AGP Mansoor Usman Awan, the president via the principal secretary, the ministry for parliamentary affairs, and the senate secretariat were all served with notices by the court.
The SC (Review of Judgements and Orders) Act, 2023 and the case for a review of the Punjab Election will both be heard by the court jointly, the top judge announced.

Ali Zafar, a lawyer for the Pakistan Tehreek-i-Insaaf, said that the Supreme Court (Review of Judgements and Orders) Act violates Clause 5 of the Constitution, which states that there must be a right of appeal against the ruling of Clause 3 of 184. According to him, the Punjab elections could not be covered by Clause 5. He asserted his confidence that the court would deem this law to be void.
A 5-member bench will be established if the statute is upheld, and the review petition challenging the Punjab elections should be heard in accordance with the previous legislation.

The Punjab election was decided on May 14, but that time cannot be changed, the top judge said. What will the outcomes be? The Election Commission’s solicitors were unable to guarantee that the elections would take place on 8 October following the events of May 9. Extensions have been granted in the past; we must also consider those instances.
Elections are a national concern, the chief justice continued. The May 14 ruling cannot be put into effect. However, this choice is now in the past. Elections must be held within 90 days of the court’s ruling, which will go down in history.

Attorney Ali Zafar stated that he believed the constitution passed away on May 15. He continued by saying that the people of two provinces lack access to public representation in the assembly.
According to the lawyer, the new Act was passed in under five minutes. He maintained that while the right of appeal is a valuable thing, it should be established by constitutional change.
He claimed that legislation might alter the constitution. Since the 17th century, people have been using the word appeal. The Full Court met in 1980 to decide whether it had the authority to reconsider the pleas. The phrase “revisit” was changed in the Constitution.

It’s also a positive thing, CJP Bandial said. Limited rights of appeal were granted by Clause 3 of Article 184. The government’s decision to communicate with the court is another positive development. This exhibits realism beautifully. At initially, demonstrations were held outside the Supreme Court. There are repercussions to this. The chief judge said, “Protesting at the court gate is like preventing the administration of justice.
The attorney general requested that Ali Zafar submit a request so that he can be given notice and subsequently be heard by the court.

The hearing of the matter was then postponed until next Tuesday after the court sent notices to the parties, including the attorney general.
The court announced that starting on Tuesday, it would hear the case daily and make a ruling.
It should be mentioned that the Election Commission filed a review appeal on May 3 in response to the Supreme Court’s direction for Punjab elections to be held on May 14. Along with PTI, the federal government, Punjab’s interim administration, and the Election Commission have all submitted answers to the matter.

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