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SC suo motu case on election date: ruling coalition seek larger bench

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Islamabad. The PML-N, the PPP, the JUI-F, and other parties objected to the Supreme Court’s nine-member bench hearing the suo motu case regarding the delay of the elections in Punjab and Khyber Pakhtunkhwa, arguing that the case should be heard by the entire bench.

The case is being heard by a nine-member bench, led by Chief Justice Umar Ata Bandial, and including Justices Ijazul Ahsan, Munib Akhtar, Syed Mazahar Ali Akbar Naqvi, Syed Mansoor Ali Shah, Jamal Khan Mandokhail, Yahya Afridi, Athar Minallah, and Muhammad Ali Mazhar. The Punjab and KP speakers were represented by attorney Ali Zafar. Kamran Murtaza, the governor of Punjab for the JUI-F, Farooq H. Naek, Nayer Bukhar, and Farhatullah Babar, and Mansoor Awan, the PML-N, are the representatives for each party.

Abid Zuberi, president of the Supreme Court Bar Association, Shoaib Shaheen, president of the Islamabad High Court Bar, Shehzad Ata Elahi, and Amir Rehman, additional attorney general, all attended the hearing. Mr. Naek objected to Justices Ijazul Ahsan and Mazahar Naqvi’s inclusion at the beginning of the hearing. He claimed that the chief justice took the suo motu notice on behalf of both judges in the Ghulam Mahmood Dogar service case, so they should resign from the bench. In order to hear the poll date case, the PPP attorney also requested that a larger bench be formed. In the meantime, the PML-N, the JUI-F, and the PPP jointly filed a statement in court objecting to the presence of two judges.

They said both judges should not hear the case.

The CJP remarked it was his prerogative to take a suo motu notice. “Today is meant to mark the attendance of all stakeholders,” he said, adding that representatives of all four provinces were present in court. Later, the chief justice adjourned the hearing till Monday.

On Thursday, the bench issued notices to Attorney General for Pakistan (AGP) Shehzad Ata Elahi, Election Commission of Pakistan (ECP), government through the cabinet secretary, chief secretaries of Punjab and KP, Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA), all the advocate generals of the provinces, and the Pakistan Democratic Movement (PDM), directing them to submit their arguments on Friday (today).

As no notices can be issued to President Dr Arif Alvi and the two governors under Article 248 that provides them immunity, the apex court has ordered principal secretaries to contact them to get the point of view on the matter.

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