SC rejects govt demand to constitute full court

ISLAMABAD : July 25, 2022:The Supreme Court of Pakistan has rejected all applications filed to form a full court to hear the case of chief minister Punjab.

Chief justice , Umar Atta Bandial, announced the decision to reject the appeals of the ruling alliance and lawyers representatives and declared that the same 3-member bench to hear the case .

The bench will hear the case tomorrow at 11 AM again.

The ruling alliance strongly rejected the SCP decision calling it unfortunate .
Pakistan Muslim League Nawaz (PMLN) vice president ,Maryam Aurangzeb, said the apex court decision not to make full court proved its selected approach . She said the decision confirmed that the court were biased towards PMLN government.

Earlier , Chief justice, Umar Atta Bandial, had said the Supreme Court of Pakistan (SCP) will intervene if the parliament takes any illegal step.
CJP made these remarks during hearing of the case regarding deputy speaker, Dost Mohmmad Mizari’s ruling of July 22, 2022 that resulted in rejection of 10 votes of Pakistan Muslim League Quaid e Azam (PML-Q) in the election of chief minister Punjab.

Deputy speaker, Dost Mohammad Mizari, had quoted the decision of the SCP which said the votes of defected members of any party will not be counted if the members violate the party guidelines.
On the same basis, 25 members of Pakistan Tehreek e Insaf (PTI) who voted for Hamza Shahbaz in the election of chief minister held on April 10, 2022 were disqualified from their seats.

This a common debate in Pakistan that the court can not interfere in the proceedings of the parliament whatsoever as it was the august forum. Despite this argument, the SCP had summoned the government functionaries in more than one cases and awarded harsh terms to top decision-makers.

The recent judgment in Qasim Sori ruling case during no confidence motion against then prime minister Imran Khan, SCP not only admitted the case, but also called Qasim Sori’s act of rejecting no confidence motion as unconstitutional and illegal.

On Monday, when Farooq H Niak, utter the same popular phrase that the court can not interfere in the proceedings of the parliament.
Chief justice spontaneously responded to Farooq H Niak’s argument and asserted that the court will intervene whenever and wherever parliament will take any illegal and unconstitutional step.
Farooq H Niak did not debate anything further to prove before the bench after hearing the reaction of CJP on the issue.

Farooq H Niak had probably forgot that the same SCP had summoned Mian Nawaz Sharif in person when he was prime minister in mid 90s and questioned him as to how and why some members of the parliament had made objectionable speeches on the floor of the house to target higher judiciary of Pakistan and armed forces.

Farooq H Niak also forgot that his party was when power when Yousif Raza Gilani was disqualified as prime minister for not writing a letter to Swiss authorities regarding missing of record of $ 60 million money laundering case involving his party leadership.

A 3-memebr SCP bench headed by SCP and comprising Justice Ejazul Ehsin and Justice Muneeb Akhtar on Monday resumed hearing in the case involving ruling of Dost Mohammad Mirzari here. Advocate, Irfan Qadir, counsels for Hamza Shahbaz, argued on the merit of the case. He pleaded before the bench that it should form a full court to hear the case as it involves political future of the main stream parties .

He submitted that his client has some reservation on the constitution of the bench and it would be appropriate if a full court hear the case. He noted during the arguments that not individuals but institutions matter the most and constitution of a full court will enhance honour and respect of the apex court. Farooq H Niak also seconded Irfan Qadir and argued in favour of formation of a full court.

In the very beginning of the argument, Supreme Court Bar Association (SCBA) , president Ahsin Bhon, submitted before the court that it would be appropriate if a full court hear the case. He was followed by Latif Afridi, a senior advocate and former president SCBA to submit the bench to form the full court to hear the case.

Latif Afridi while giving arguments before the bench said the situation of the country was very volatile and it could lead to winding up of the entire system.