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Punjab polls: SC adjourns hearing indefinitely after AGP informs of new law

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Supreme court
The Supreme Court has indefinitely put off the hearing on the Election Commission of Pakistan's (ECP) plea against its order of holding Punjab's polls on May 14 after the apex court was informed that a law for the review of suo motu judgements had come into force.

A three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar heard the case.

Attorney General for Pakistan (AGP) Mansoor Usman Awan appeared before the court and said that after the president’s assent, the Supreme Court (Review of Judgements and Orders) Bill 2023, had become a law.

The statement of objects and reasons of the bill, “it is necessary to ensure the fundamental right to justice by providing for meaningful review of judgments and orders passed by Supreme Court of Pakistan in exercise of its original jurisdiction under Article 184”.

The AGP raised objections to the three-judge panel hearing the case and said that the review could only be heard by a larger bench.

During the last hearing, the SC said that the ECP had to be assertive and asked explanation from the federal government for not providing funds and security for the general elections in Punjab and Khyber-Pakhtunkhwa.

The chief justice said the Commission has an overarching duty to hold free and fair elections.

He asked the ECP counsel Sajeel Shehryar Swati, that the ECP must not have allowed the ipsi dixit to influence the commission regarding the holding of elections in that province.

Swati argued that the ECP conducts the elections by using the machinery of the federal and provincial governments. He said the Commission, on 22nd March, after the briefing of intelligence agencies and police kept in mind that there is political polarisation, which culminated on May 9.

On April 4, SC underlined that ECP’s decision to postpone polls in Punjab till October 8 was unconstitutional.

The court ruled that the Constitution and law did not allow the ECP to postpone the elections, ordering that the elections in Punjab be held on May 14 instead of April 30.

The apex court directed the caretaker government in Punjab to assist the ECP with elections next month and said the federal government has been asked to assist the commission, ordering authorities to release Rs21 billion to the ECP by April 10.

However, the government claimed that it lacked the funds and manpower in view of worsening security situation in the country. Subsequently, the ECP filed a petition earlier in May and urged SC to revisit its verdict. The Punjab elections were not held on May 14.

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