Suo Motu Notice Rejected By 4-3, Says Law Minister

Suo Motu Notice Rejected By 4-3, Says Law Minister
While expressing views on the Supreme Court's (SC) verdict regarding elections within 90 days, Federal Law Minister Azam Nazeer Tarar has said he believed that the petitions had been rejected by a 4-3 majority.

While talking to a private TV channel, the minister said that because he had not received a copy and had not reviewed the decision with the federal cabinet, he was unable to comment on the verdict in his capacity as a minister of law.

"But, as a lawyer, I am of the opinion that these petitions have been dismissed with a 4-3 majority, as Judge Athar Minallah and Justice Yahya Afridi had clearly declared that these are not maintainable on February 23, when the case was initially heard."

According to Azam Nazeer Tarar, the suo motu notice issued under Article 184(3) is ineligible because the case is currently ongoing before the high courts of Punjab and Khyber Pakhtunkhwa. "During today’s hearing, two more judges said that the petitions were not maintainable, so in my opinion, it’s a 4-3 verdict," he added.

Today, the Supreme Court of Pakistan (SC) ordered that elections in Punjab and Khyber Pakhtunkhwa must take place within the next 90 days.

Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail dissented from the majority’s decision, leaving the judgment split 3-2. The decision was endorsed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Munib Akhtar, and Justice Muhammad Ali Mazhar.

The dissenting note argued that the suo motu was unmaintainable.

The five-member bench headed by Chief Justice of Pakistan Umar Ata Bandial concluded the two-day-long proceedings in the suo motu case on Tuesday. Concluding the hearing, the bench reserved the verdict and said it would be announced before 11am Wednesday (today).

On Tuesday, CJP Bandial declared that they were there to protect the Constitution, not any particular party. He remarked, "We cannot abandon the Constitution, and we cannot override the Constitution."

When the Punjab and K-P provinces were dissolved earlier this year, the chief justice initially convened a nine-member bench to hear the suo motu notice regarding the delay in announcing provincial elections in both provinces.

Justices Ijazul Ahsan and Sayyed Mazahar Ali Akbar Naqvi withdrew from the hearing on Monday at the start due to concerns about their eligibility to sit on the bench.

While expressing their views on the maintainability of the petitions on the subject, two further judges, Justice Afridi and Justice Minallah, withdrew from the proceedings.