Tuesday, August 9, 2022

The Deputy Speaker referred to which part of our judgment in Ruling, Supreme Court

Chief Justice Umar Atta Bandial made remarks on Pervez Elahi’s request against the ruling of the Deputy Speaker Punjab Assembly and said that the Deputy Speaker referred to which part of our decision in the ruling.

A 3-member bench headed by Chief Justice Umar Atta Bandial comprising Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar is conducting the hearing again.

At the beginning of the hearing, the court called former President Supreme Court Bar Latif Afridi to the rostrum and said that we are seeing that there are many bar presidents here.

Latif Afridi said that the revision petitions for the interpretation of Article 63A are pending, the current political situation is very complicated, the Supreme Court is a constitutional court, our former presidents have met.

Latif Afridi said that the review petition of the Supreme Court Bar is also pending, a full court consisting of available judges should be formed and all the cases should be heard together.

Justice Ejaz-ul-Ahsan said that let the case be set up.

Chief Justice Umar Atta Bandial said that this case is directly related to our decision, we would like the parties to guide us.

However, Advocate Ali Zafar objected to the demands of the former presidents of the Supreme Court Bar and said that none of our questions were answered.

Meanwhile, the Chief Justice had a conversation with PPP’s lawyer Farooq H. Naik, Justice Umar Atta Bandyal said that you do not have a chair.

Farooq H. Naik said that there is no question of the chair, he does not care about the chair, we submitted the application in the morning that it should also be heard.

The Chief Justice said that all stakeholders will be heard.

Latif Afridi said that appeals against the decision of the Election Commission are also pending, a full court should be formed to avoid a constitutional crisis.

Latif Afridi said that the crisis is getting deeper, the whole system is at stake, judiciary and parliament are also part of the system.

Deputy Speaker’s lawyer Irfan Qadir also requested the court to form a full bench while starting the arguments, then the court inquired on which points the full court should hear.

Irfan Qadir said that regarding Article 63A of the Constitution, you should read paragraph number 1 and 2 of your order, which will clear everything.

Irfan Qadir said that the President sent a reference to the interpretation of Article 63A, Article 63A cannot be read in isolation, instructions are given to the political party by the party leader, political parties have an important role in parliamentary democracy.

He further said that due to the weakness of the political parties, the democratic system may be in danger, deviation from the party policy is like a cancer for the system.

Justice Ijaz-ul-Ahsan said that only those members who are present in the assembly are part of the parliamentary party, there is a difference between a political party and a parliamentary party, can the same person give instructions to the declaration and the parliamentary party?

During the hearing, lawyer Hamza Shehbaz said that I have submitted my answer to the court. Where is he?

Justice Ijazul Ahsan remarked that the constitution is clear on direction and declaration, the role of the party leader and the parliamentary party are separate.

Hamza Shehbaz’s lawyer gave an irrelevant answer, so the judges directed him to answer the main question first.

Justice Muneeb Akhtar told the lawyer that we have understood the point you are trying to raise, it would be appropriate to give another lawyer a chance.

Background of the case

It should be remembered that in connection with the election of Chief Minister of Punjab on July 22, Deputy Speaker Dost Mohammad Mazari rejected 10 votes cast by the members of Muslim League (Q) in favor of Chaudhry Pervez Elahi.

He had ruled that the said votes were cast in violation of the orders of party chief Chaudhry Shujaat Hussain, as a result of which Hamza Shehbaz was once again elected as the Chief Minister of Punjab.

After an unexpected turn in the Punjab Assembly session, the Lahore registry of the Supreme Court was opened at midnight to receive the petition of the Muslim League (Q) on the instructions of Chief Justice of Pakistan Umar Atta Bandyal.

After which Chaudhry Parvez Elahi challenged the decision of the Deputy Speaker in the Supreme Court through Muslim League (Q) lawyer Amir Saeed Ran.

While hearing the said application on July 23, a 3-member bench headed by Chief Justice Umar Atta Bandial, comprising Justice Ijaz Ul Ahsan and Justice Muneeb Akhtar, directed Hamza Shehbaz to work as a trustee of the Chief Minister till Monday.

Chief Justice Umar Atta Bandial remarked that the Deputy Speaker’s ruling in Badi-Nazar is against the Supreme Court’s decision, however, the court adjourned the hearing till Monday.

The Supreme Court in the order issued after the hearing said that Hamza Shehbaz will act according to the constitution and law and will not use the powers as Chief Minister, which will give him political advantage.

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