Daily Times

The Pakistan Democratic Movement (PDM) and other constituent parties of the ruling alliance Sunday announced to file a petition with the Supreme Court, seeking constitution of a full bench to hear a petition on the contentious Punjab chief minister election.

The major leaders of the coalition parties will also hold a joint press conference at 10:30am on Monday (today) to make an important announcement in this regard.

Following the presser, the ruling alliance leaders will also go to the top court together with their lawyers to file the petition.

The joint petition will be filed by the Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP), JUI-F, MQM-P, ANP, BNP, BAP and other allied parties.

The ruling allies will reportedly request the court to club the Supreme Court Bar Association’s (SCBA) review request, the present petition and other related applications, says a news report. Interior Minister Rana Sanaullah Saturday said his party “had no hope of getting a just verdict” from the apex court bench hearing the PML-Q’s petition challenging the Punjab chief minister election.

“We have no hope of getting a just verdict from the bench listening to the case related to the election of Chief Minister Punjab,” said Sanaullah in a tweet from his official handle late Saturday.

The minister added that they have demanded formation of a full court and a written application in this regard will be submitted on Monday. The Supreme Court Saturday directed that Hamza Shehbaz would remain as a ‘trustee’ chief minister of Punjab by July 25 (Monday) – the next date of hearing – after the lawyer representing the deputy speaker of the provincial assembly could not satisfy the bench over the latter’s ruling wherein 10 PML-Q MPAs’ votes were rejected in a recount for the election of the province’s top slot held a day earlier.

The top court also directed that Hamza would neither use his powers for political gain, nor take major initiatives or decisions until then.

A three-judge bench, comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhter, was hearing a plea at the Supreme Court’s Lahore Registry filed by PML-Q leader and Punjab Assembly Speaker Chaudhry Pervaiz Elahi – who was also the other candidate for the CM slot – challenging Deputy Speaker Sardar Dost Muhammad Mazari’s ruling wherein he had rejected 10 votes of the PML-Q members relying upon the ruling of the top court that read that the votes of those lawmakers, who denied following the party’s instructions, would not be counted.

The statement said the PPP, PML-N and Jamiat Ulema-i-Islam-Fazl will go to the SC, while the Muttahida Qaumi Movement-Pakistan, Balochistan National Party, Balochistan Awami Party and other allied parties will be among the petitioners as well. “The lawyers of all the parties will argue in the Supreme Court on Article 63-A of the Constitution,” the statement said. A day ago, the ruling alliance issued a declaration, demanding that the chief justice of Pakistan constitute a full court to hear the petition against the Punjab chief minister’s election, calling it “an important national, political and constitutional matter”.

The declaration stated that the Constitution had drawn a clear line of authority between the legislature, judiciary, and the administration, which an “arrogant, anti-constitution and fascist” person was trying to erase. The component parties of the ruling coalition said in the declaration that they would not compromise on the Constitution, democracy, and the right of the people to rule. On May 17, the SC had decided on a presidential reference seeking interpretation of Article 63-A that the votes of defecting lawmakers will not be counted.

Subsequently, on June 23, the SCBA filed a petition in the apex court on for a review of its decision. Meanwhile, Law Minister Azam Nazeer Tarar addressed a press conference in Lahore with Punjab government spokesperson Attaullah Tarar, calling for the formation of a full court bench to hear cases related to Article 63-A’s interpretation. He said cases such as the SCBA’s review petition or Friday’s Punjab CM election or appeals of de-seated dissident PTI MPAs were all linked together. “The most foundational case is Article 63-A’s interpretation with which all these matters are solved,” he added. Referring to Hamza, the law minister said if a representative of the people was to be sent home through a legal decision, then it was a requirement of justice, transparency and independence for a full court bench to hear the matter.

He also rejected allegations of the PML-N being behind a recent social media trend that criticised apex court judges and said his party highly respected state institutions. He said the coalition parties had decided to file a petition requesting the Supreme Court to form a full court bench in the Punjab deputy speaker’s ruling case. The law minister explained how Hamza Shahbaz became the chief minister after receiving the majority number of votes. Lamenting the PTI and PML-Q supporters scaling the walls of the top court’s Lahore registry, Tarar questioned why no action was taken against those people? The federal minister highlighted how the court staff and registrar came to court at night and waited for Punjab Speaker Chaudhry Pervaiz Elahi’s petition. “Court was opened at 1am for them.”

He went on to say that five former Supreme Court Bar Association presidents had also urged the SC to form a full court bench. “Even Hamza’s lawyers are calling for a full court bench.”Tarar clarified that they have every right to voice their concerns according to the law and Constitution. “We have always respected and appeared before the courts,” he said, adding that the court must clarify what powers does a trustee chief minister has. The law minister also rejected the baseless claims against PML-N for bashing state institutions. “Everyone including the civil society is demanding a full court bench,” he said. “There is no harm in forming a full court bench.” Minister Tarar concluded that the deputy speaker passed the ruling after he received a phone from the party head and his ruling is according to the law and Constitution. “There is no other way out of this except forming a full court bench to hear the case.” Law minister says full court should be formed to hear Pervez Elahi’s petition on Punjab CM elections.