ISLAMABAD : Feb 27,2023: A larger bench of the Supreme Court of Pakistan (SCP) hearing the suo moto case regarding delay in holding general elections , ran into severe controversy when it’s three members raised serious questions over initial decision of taking suo moto action in the case.
Justice Arhar Mina Allah , pulled himself out of the bench in protest for not including his point of view in the bench . He raised serious questions over act of the bench and called it unethical.
Ather Mina Allah had noted that the matter is extremely important and it should be heard by the full court.
Justice Jamal Mandukhel also raised serious questions over the constitution of the bench. He questioned the very basic decision of the apex court to take suo moto in the name.
He argued that the court should show restraints and not taking any decision in isolation as the case in question being of a political nature has created a charge environment. He turned out all three applications under discussion before the court.
Ali Zafar, advocate and counsel for the speaker, in his arguments said all executive departments were bound to assist and help the Election Commission of Pakistan (ECP) . He added that the constitution make it mandatory to hold elections within 90 days and not make an announcement only.
He said in the case , the executives do not follow the instructions of the ECP then the court needs to come in.
Chief Justice of Pakistan (CJP) , Umar Atta Bandial, observed that it is the duty of ECP to hold general elections within given time frame of 90 days.
Chief justice observed that despite seperation of four members the bench will hear the case and finalize it by tomorrow.