Implementation of Punjab election order not possible: CJP

ISLAMABAD: The Supreme Court has clubbed together the petitions against the SC (Review of Judgments and Orders) Act, 2023 and the Election Commission of Pakistan’s plea seeking review of the court’s April 4 order regarding holding of election in Punjab on May 14.

The court made this decision on Wednesday while hearing the review petition of the Election Commission related to the Punjab polls.

A three-judge bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz-ul-Ahsan and Justice Munib Akhtar heard the case.

During previous hearing of the ECP review petition, the attorney general for Pakistan told the Supreme Court that the SC (Review of Judgments and Orders) Act, 2023 had become law, enlarging the scope of the court by giving a right to appeal under Article 184(3). Hearing this, the court had adjourned the case, saying that the new law would be discussed first.

At the outset of Wednesday’s hearing, the chief justice remarked that a plethora of petitions have been landed in the apex court against the new Act and ordered to club all these petitions together along with the review petition of the ECP. He ordered to fix these petitions for hearing on Tuesday.

The top judge remarked that the court would complete the hearing of the Punjab poll case first and would try to decide the ECP review petition as soon as possible.

The court also issued notices to the federal government, AGP Mansoor Usman Awan, the president through the principal secretary, ministry for parliamentary affairs and senate secretariat.

The chief justice remarked that the court would hear the pleas against the SC (Review of Judgments and Orders) Act, 2023 and the Punjab Election review petition together.

The Pakistan Tehreek-i-Insaf lawyer Ali Zafar argued that the Supreme Court (Review of Judgments and Orders) Act is inconsistent with the Constitution, Clause 5 of which says that there shall be a right of appeal against the decision of Clause 3 of 184. He said in his opinion, the Clause 5 could not be applied to the Punjab elections. He said that he was sure that the court would declare this law null and void.