PDM express ‘no confidence’ in CJ-led bench hearing polls delay case

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[vc_row][vc_column][vc_column_text dp_text_size=”size-4″]LAHORE: The coalition government’s allied parties have expressed dissatisfaction with a three-member Supreme Court bench led by the chief justice hearing the Pakistan Tehreek-e-Insaf (PTI) petition against the postponement of elections in Punjab.

The statement was issued on Saturday, after Prime Minister Shehbaz Sharif presided over a consultative meeting of coalition parties to discuss the current situation in light of the country’s escalating judicial crisis.

“We have no confidence in the three-member bench,” the ruling parties said in a joint statement.

According to the statement, the chief justice wanted to impose a minority decision because a larger bench of the Supreme Court had already “dismissed” the suo moto hearing of the Punjab polls delay case by a majority of four judges against three.

Also Read: CJP says, “Election commission had no right to postpone elections”.

The ruling coalition also urged Chief Justice Umar Ata Bandial to begin proceedings on references filed by the Pakistan Bar Council (PBC) and other lawyers’ bar associations under Article 209.

According to the communiqué, SC Judge Qazi Faiz Isa has also directed that proceedings on suo moto cases initiated under Article 184(3) be stayed until the Supreme Court’s rules governing the chief justice’s discretionary powers are amended.

“It is also incumbent upon everyone to respect the decision announced by the Justice Qazi Faez Isa-led bench,” it added.

The ruling alliance also expressed reservations over the inclusion of SC Judge Ijazul Ahsan in the bench hearing the polls delay case, saying it was “unfair” for him to be included in the bench again.

“This process is a clear violation of the procedure and precedents of the Supreme Court. Politicians are being asked to sit together but the Supreme Court itself is divided,” the ruling alliance observed.

The prevailing circumstances require the chief justice and other judges of the three-member bench to recuse themselves from hearing the case, they said.

Also Read: National Assembly unanimously passes bill to limit CJP’s suo moto powers.

The meeting of coalition partners also endorsed the recent legislation on judicial reforms, the Supreme Court (Practice and Procedure) Bill 2023, aimed at curbing the top judge’s suo moto powers in an individual capacity.

“The legislation will end the practice of one-sided justice. Parliament has clearly stated its opinion on Article 184(3) through legislation. Parliament is the supreme institution whose opinion should be respected by all and it is hoped that the president will not obstruct legislation on the basis of his party affiliation.”

The joint statement also demanded CJ Bandial to end the perception that “special treatment” was being given to the PTI by the apex court.

Pakistan People’s Party (PPP) Co-Chairman Asif Ali Zardari, Foreign Minister Bilawal Bhutto Zardari, Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman, Chaudhry Salik Hussain, PML-N chief organizer Maryam Nawaz, and Muttahida Qaumi Movement’s (MQM) Khalid Maqbool Siddiqui participated in the meeting.

The meeting was attended by PML-N leader Shahid Khaqan Abbasi, Federal Minister of Law Senator Azam Nazir Tarar, Attaullah Tarar, Malik Ahmed Khan, and Attorney General of Pakistan (AGP) Mansoor Awan.

According to sources, Nawaz Sharif, the leader of the Pakistan Muslim League-Nawaz (PML-N), also attended the huddle via video link.

The prime minister convened the allies at a time when the Supreme Court’s bench was being disbanded and reconstituted on a regular basis in connection with the Pakistan PTI’s petition against the postponement of Punjab elections.

The coalition government has accused the judiciary of alleged “bench-fixing” in key cases, issuing “discriminatory” judgements on a regular basis, and giving one interpretation of the constitution to PTI chief Imran Khan and another to the ruling alliance.

Fazal laments Cj’s  biased decision

Following the huddle, PDM chief Maulana Fazlur Rehman told the media that the “biassed attitude” of the chief justice and the other two honourable judges on the bench hearing the Punjab elections delay case had “divided” the Supreme Court.

“Some judges clearly want to give Imran Khan relief and have his party’s stance ‘vindicated’ at any cost,” he claimed.

According to the PDM chief, the chief justice and his “two associates” should recuse themselves from this case on moral grounds.

“The chief justice is advising us that this matter should be resolved through consensus,” he observed, “but he himself has divided the honourable court.”

He also refused to hold talks with PTI chief Imran Khan saying no negotiations would take place with the “criminal brought into power through rigging”.[/vc_column_text][/vc_column][/vc_row]

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