Marriyum Aurangzeb, the federal minister for information and broadcasting, demanded on Friday that Chief Justice of Pakistan (CJP) Umar Ata Bandial resign because his position has come under fire, particularly in light of Justice Athar Minallah’s statement in the Punjab polls case.
The declaration follows Justice Minallah’s earlier claim that a majority 4-3 decision had dismissed the Supreme Court’s suo motu notice regarding the delay in announcing the results of provincial assembly elections. After reading Justice Shah’s and Justice Mandokhail’s extensive arguments, Justice Minallah declared that he “agrees with their opinion, particularly regarding the outcome of the petitions and the suo motu assumption of jurisdiction by a majority of 4 to 3 because this was the understanding in the meeting held in the anteroom on February 27.”
“It is noted that I had not recused nor had any reason to dissociate myself,” he said in a 23-page note dismissing suo motu case regarding the announcement of the polling date of the Punjab Assembly.
“Justice Athar Minullah has made a major decision today. Following this decision, the majority of judges have reached a conclusion. The decision made by Justice Minullah today raises questions about the judicial process,” Marriyum Aurangzeb said while addressing a press conference in Islamabad.
She said that CJP’s suo motu notice has already been dismissed with 4-3 vote. However, she added that a three-member bench was formed on petition that was already “dismissed”.
“When there was no petition, questions arise as to why the bench was formed and why a decision was made,” she said.
The information minister said that the four judges on the bench had urged to make a full court bench, adding that the political parties too were in favour of constituting a full bench so the people could accept the decision.
“Political parties do not shy away from elections, but this is no longer just an election issue. It has become a matter of ‘bench fixing’,” she added.
Marriyum wondered what the need for “judicial facilitation” was and questioned why the judges distanced themselves from the issue.
According to the minister, the decision is unprecedented in the history of the judiciary and the Constitution.
She questioned why Justice Ijazul Ahsan was chosen for the three-member bench who, according to her, was a “controversial” judge.
“If a constitutional crisis arises from the Supreme Court itself then it raises the question who will trust its decisions,” she questioned.
The federal minister stated that despite all the factors involved, a decision is made and imposed on the government to follow it.
Marriyum said that political parties were present in court but their voices were not heard, adding that the lawyers from all political parties were present, yet none of them were given a chance to speak.
“But Asad Umar was invited [to the court] and was asked to provide details about the economy.”
The minister raised the question of whether the reason for this was because former prime minister Imran Khan and PTI were seeking elections.
“Why 13 parties were ignored. At least you could’ve listened for the honour of the Supreme Court,” she added.
The federal minister stated that the illegal use of powers and arbitrary interpretation of the Constitution cannot be accepted.
A three-member SC bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar had announced the verdict on the PTI’s petition challenging the Election Commission of Pakistan’s (ECP) move to postpone the Punjab Assembly polls till October 8.
The chief justice announced that elections in Punjab would be held on May 14 as it declared the ECP’s decision “unconstitutional”.
The government, in an unusual move, rejected the Supreme Court’s decision terming it a “minority verdict” while the National Assembly on Thursday passed a resolution against the top court.
The lower house of parliament urged the government and the premier not to obey the apex court orders as it was a “minority verdict”.
