The Apex Court says this case is very simple; no need to constitute a full court

Court Reporter/DNA

ISLAMABAD: Supreme Court of Pakistan (SC) Monday rejected the petition seeking the formation of a full bench for hearing the case of the Punjab chief minister’s election — where Hamza Shahbaz defeated Pervez Elahi.

According to the brief verdict, the same three-member bench — headed by Chief of Pakistan Justice Umar Ata Bandial, and comprising Justice Ahsan and Justice Munib Akhtar — will hear the petition filed by the PTI. Following the decision, the country’s top court decided to adjourn the hearing on the ruling till 11:30am today (Tuesday).

CJP Bandial had said that the court needed more legal clarification regarding the formation of a full bench to issue a verdict on the case.

The CJP also said that he was unsure whether the decision on the said ruling will be made today. Meanwhile, the court also accepted the petition filed by PML-Q President Chaudhry Shujaat Hussain and the PPP to become a party in the case. 

During the hearing, Deputy Speaker Mazari’s lawyer, Irfan Qadir said he was instructed to speak regarding the formation of the full court only; therefore, he needed time to take instructions from his client.

Meanwhile, Hamza Shahbaz’s counsellor Mansoor Awan sought time to take instructions for arguments on merit.

Justice Ijazul Ahsan reiterated that the decision to form a full court will be made on merit. Meanwhile, Law Minister Azam Nazeer Tarrar asserted that there was enough clarification in this regard.

Advocate Qadir said he was instructed to speak regarding the full court formation only; therefore, he needs time to take instructions from his client.

Meanwhile, Hamza Shahbaz’s counsellor Mansoor Awan sought time to take instructions for arguments on merit.

Justice Ahsan reiterated that the decision to form a full court will be taken on merit; meanwhile, Law Minister Azam Nazeer Tarrar asserted that there is enough clarification in this regard.

Tarrar added that if the review petition is approved that there will be no need for a run-off election.

During the hearing, CJP Bandial said that the case regarding the National Reconciliation Ordinance (NRO) was heard by a full court because it was a “constitutional matter”. 

“We have sent the prime minister home with five judges at that time you [coalition parties] were celebrating and now you are standing against this,” the chief justice said, adding that if this matter crosses the limit, then a full court will be formed.

Presenting his arguments, advocate Qadir added that when allegations are levelled against the judges that similar bench is formed repeatedly then these charges can be rejected by the formation of a full court.

“There is no objection on the neutrality of the current three-member bench; however, to remove any ambiguities, a full court needs to be formed,” the deputy speaker’s counsellor said.CJP Bandial recalled that the SC had taken suo moto notice in the case of the federal government and announced its verdict by hearing the case day and night. 

“In the federal government case, we were of the view that the National Assembly deputy speaker had violated Article 95; however, under the current scenario, the court hasn’t taken suo moto notice,” the chief justice said.He further added that instead of prolonging the case, it can be shortened, saying there was only one question to be addressed: whether the party head could give directions or not.

“You have already given the answer to this question in affirmative,” he told advocate Qadir.Continuing his argument, advocate Qadir said that the re-election for the chief minister was held in the light of the court’s decisions. “Therefore, if the court refuses to accept the deputy speaker’s decision to reject the votes of defecting members, there will be no need for re-election,” he said, adding that the basis of this case is the Supreme Court’s verdict “which must be reviewed first.”

Advocate Qadir further said that there is a contradiction in Supreme Court’s ruling on Article 63(A), “which gives the idea that the apex court is under pressure.”

However, he immediately added that he wasn’t trying to disrespect the court as the top court was equally respectable for him as well.Citing an example of the difference of opinions among politicians which was wreaking havoc on the country, the deputy speaker’s counsel said that if the judges also unite and form a full court, then the issue can be resolved easily.

While concluding his arguments, the lawyer urged the court not to hurry in making a decision and carefully deliberate it.

On the other hand, PPP’s counsel Farooq H Naek requested that the court should hear the case tomorrow morning “with a fresh mind”.

Justice Munib Akhtar intervened, saying that there should be no dictatorship of the party leader in the parliamentary party.

Subsequently, PML-Q lawyer Salahuddin took the rostrum and said that in his opinion, “instructions to the parliamentary party are issued by the party head,” as he also urged the formation of a full court bench.

CJB Bandial acknowledged that the country was suffering from a continuous crisis since April. “We want the country to run according to the Constitution and democracy; we don’t want these differences to continue,” he said.

The chief justice further added that cases related to the constitutional and public interest cannot be left hanging in the balance.

“Like every citizen, we are also worried about the economic situation,” CJP Bandial said, adding that today, the one who took more votes is out and the one who secured 179 votes is the chief minister.

CJP Bandial said that in order to retain Hamza as the CM, solid foundation is needed. “Please, show the written proof that where is it written that directions of an unelected party leader have to be accepted,” he said, addressing the counsellors present in the courtroom.

The chief justice: “Is this state of the economy because of the court or because of instability?”

The chief justice added he wished to dispose of the case quickly and that the court only had two more judges available at the moment.

At this, Salahuddin suggested that judges could hear the cases through video links.

The CJP said the court had mediated even before the by-elections and those were held peacefully.At this point, the court took another break.

Earlier in the day, the SC had reserved the verdict on the petitions filed by CM Hamza Shahbaz and other bar associations — seeking the formation of a full court for the hearing of the case — after it heard arguments from party lawyers.However, the CJP gave a break of an hour-and-a-half on the petition of Elahi, which challenged Punjab Assembly Deputy Speaker Dost Muhammad Mazari’s ruling in the CM elections.