SC resumes hearing PTI petition on delay in polls

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Supreme Court
The Supreme Court has resumed the hearing on Pakistan Tehreek-e-Insaf's (PTI) petition on Punjab and Khyber Pakhtunkhwa elections' date.

A five-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial is hearing the plea.

Apart from the CJP, the bench includes Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan and Justice Justice Jamal Khan Mandokhail.

The Imran Khan-led party had challenged the Election Commission of Pakistan's (ECP) decision to defer the Punjab polls till October 8.

The electoral body's announcement came after financial and security authorities expressed their inability to support the electoral process.

Following this, Khyber Pakhtunkhwa Governor Haji Ghulam Ali also urged the electoral body to hold general elections on the same date (October 8) as the Punjab polls given the growing security threats from terror groups operating from the Pakistan-Afghanistan border regions.

At the outset of the hearing, CJP Bandial welcomed newly appointed Attorney General for Pakistan Mansoor Uman Awan. While seeing "good friend" Farooq H Naek, the CJP remarked that the court would need assistance of the senior lawyer on the matter.

Hours before the hearing resumed on Tuesday, the ruling alliance decided to become a party in the case.

The Pakistan Muslim League Nawaz (PML-N), Pakistan Peoples Party and Jamiat Ulema-e-Islam-Fazl (JUI-F) have filed the pleas in the SC to become a party, and will present their stance when the hearing resumes.

Taking up the plea on Monday, the SC issued notice to the Election Commission for dragging its feet on polls in Punjab, and sought guarantees from the government and PTI to bury the hatchet for free, fair, and transparent elections.

Chief Justice of Pakistan Umar Ata Bandial had observed that timely general elections held “honestly, justly, fairly and in accordance with law” are crucial for democratic system of government mandated by our Constitution.

"Any flaw, deficiency or failing in the holding of general elections is, prima facie, a matter of public importance that affects the fundamental rights of the voting public," he said.

The court had raised questions over the legality of the March 22 order of the ECP postponing the election, observing that the order was a blockade in the way of its judgement for the enforcement of fundamental rights of the people of the two provinces.

The top court had that ruled in a suo motu case earlier this month that the elections for Punjab and KP assemblies should be held within 90 days.

In light of the split ruling, President Arif Alvi had announced the date for the Punjab polls after consulting with the ECP.

Apart from sending notices to all parties in yesterday's hearing, the SC also sent notices to the governors of both provinces through chief secretaries seeking their replies today over the legal points raised by the petitioner.

It also asked the ECP to come prepared to assist with the legal questions and the factual points in today's hearing.

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