ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial decided against ruling on the coalition government’s plea to constitute a full court bench to hear the case about ruling of Punjab Assembly deputy speaker regarding the Punjab chief minister’s re-election — included a review of its interpretation of Article 63-A. CJP said that the court will hear more arguments before it takes a decision about the formation of a full court.
Justice Bandial stated this during the hearing of a petition filed by PML-Q leader Chaudhry Parvez Elahi challenging Punjab Assembly Deputy Speaker Dost Mohammad Mazari’s decision in the chief minister’s re-election last week, which led to Hamza Shehbaz’s victory.
During the re-election, Mazari rejected the votes of 10 PML-Q lawmakers, which were cast in Elahi’s favour, citing a letter written by PML-Q President Chaudhry Shujaat Hussain in which he had instructed them to vote for Hamza instead.
A three-member bench, comprising Justices Bandial, Ijazul Ahsan and Munib Akhtar are hearing the petition. During the previous hearing on Saturday, they had allowed Hamza — who was re-elected on July 22 — to remain “trustee” chief minister till Monday (today).
After hours-long hearing, when the court took a break to deliberate and subsequently resumed, it was expected that a decision on the request for full bench would be announced, but that was not the case as the CJP remarked: “We have to see the Constitution [further].”
“Article 63-A has a long journey,” he added.
Law Minister Azam Nazir Tarar told the bench that arguments on Article 63-A’s review had still not begun. “This is a grave matter. This is a province of 120 million [people].”
The chief justice reminded the law minister that it was a five-member bench that had “sent the [previous] prime minister home”, referring to the court’s unanimous verdict in March that had restored the National Assembly as well as the no-trust move against Imran Khan, which eventually led to his ouster.
With the federal government, in its statements outside the court, threatening to boycott the case if a full bench was not formed, the chief justice said: “If the incumbent government is not accepting the Supreme Court’s [supremacy] then it is a grave [concern].”
The minister said that forming a full court would increase the judicial credibility of the court.
Meanwhile, Deputy Speaker Dost Muhammad Mazari’s lawyer Irfan Qadir referred to Justice Qazi Faez Isa’s case, which he said was heard by 10 judges. “That was the matter of a judge. This is the matter of an entire province.”
“I am not saying that the [bench’s] neutrality is in question,” he clarified, adding that if a full court was constituted, “the respect and confidence in court” would increase.
“There is an impression that [certain] cases go to the same bench,” he added.
“A full court bench is constituted in serious matters,” the top judge replied.
Here are the main developments of the hearing so far:
- CJP Bandial remarks party head will have to listen to the parliamentary party’s opinion.
- Justice Ahsan says parliamentary party decides who to vote for in the assembly.
- Justice Ahsan observes deputy speaker exceeded court’s interpretation in his ruling.
- Court says facts in re-election case different from case on dissident MPAs.
- PTI lawyer contends judicial interpretation of Article 63-A was clear and unambiguous.
- “Trustee” Punjab CM Hamza Shehbaz requests court to constitute a full bench to hear Elahi’s petition, clubbed with the review of SC’s interpretation of Article 63-A.
- PPP, PML-Q, and JUI-F file petitions to become parties in the case.
