ISLAMABAD : April 4,2023: Apprehensions of more divide in the society and worsening of the tussle between the Supreme Court of Pakistan (SCP) primarily for the powers proved true on Tuesday when the federal cabinet with prime minister ,Shahbaz Sharif , rejected three member bench’s decision of calling the Election Commission of Pakistan (ECP) to hold elections in the Punjab and Khyber Pukhtunkhaw (KPK) as unconstitutional and fixing May 14 a new date for holding elections in these two province.
In the morning , a 3-member bench led by chief justice of Pakistan ,(CJP) , Umar Atta Bandial , had announced reserved judgement in the case of delay in holding free in KPK and Punjab.
Apex court noted in the decision that ECP has no powers to change the date of elections in the Punjab and KPK and hence its decision to holding elections in these provinces in October 2022 was unconstitutional.
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The bench to which the ruling alliance has already expressed no confidence also ordered the government to release Rs 21 billion for holding elections in the Punjab and within hours the federal government rejected the decision citing it as unconstitutional and impracticable .
Tuesday’s decision of 3-member bench has ignited the legal and constitutional crisis in the country.
Pakistan Muslim League Nawaz (PMLN) supremo , Mian Nawaz Sharif hold an urgent press conference in London and raised serious questions about credibility of a member judge of the bench. Nawaz Sharif also alleged that he was dethrone by two judges who were also part of the panel which disqualified him as a prime minister in 2016.
Pakistan People Party (PPP) chairman , Balawal Bhutto, also slammed top court decision in his address to the party workers in Ghari Khuda Bux.
Reported on Monday
.April 3,2023: Finally , the fight for dominance between the government and a 3-member bench of the apex court is heading for an expected, but ugly end.
For days , the government and Chief Justice of Pakistan (CJP) led 3-member bench of the apex court are engaged in a fight for power. None of these two is ready to conceive the loss that Pakistan is bearing for this unfortunate fight between two key pilles of the state – judiciary and executive. Pakistan, of course , is not in a position to witness such a fight of power between the government and the judiciary .
The Supreme Court of Pakistan (SCP) and Shahbaz Sharif ‘government want to keep fighting this fight till both lose it.
There is a clear indication from the government moves that it will not accept the decision of three -member bench of SCP in the case of holding elections in the Khyber Pukhtunkhaw (KPK) and Punjab and the same is the level of stubbornness of 3-member bench of the apex court .
Three -member bench led by CJP , Umar Atta Bandial , has reserved the judgment in the case which is scheduled to be announced on Tuesday .
Urgency shown by the apex court bench in concluding the hearing without listening to the advocates of the government is exposing some extra ordinary interest of the bench in the case and its complete negation of the rule of law and basic spirit of the justice .
In fact , three-member bench is pushing the country into an extremely dangerous situation . Things are heading for an expected crisis that may cost Pakistan very dearly. The question is why CJP and judge who are a part of the bench are not understanding possible impact attached to a hurriedly called decision in the case ?
CJP and his brothern judge who are part of the bench must understand possible fallout of any possible decision in the case .
Shahbaz government should also smell the risk attached with the case and avoid to expose itslef to unmanageable constitutional crisis.
Both the parties should avoid to reach to a point from where they can feel difficult to revert to an acceptable level of tolerance.
In next 24 hours , anything is possible if the government and three member bench of apex court.do.not backtrack from their existing position of no compromise or adjustment to avoid imminent constitutional crisis.