Punjab Polls Case: SC Adjourns Hearing After AGP Says Suo-moto Review Law ‘Come into Effect’

ISLAMABAD: The Supreme Court (SC) on Monday adjourned the hearing of Election Commission of Pakistan’s petition asking the top court to review its April 4 order of holding polls to the Punjab Assembly on May 14 after Attorney General for Pakistan (AGP) Mansoor Usman Awan told the court that the Supreme Court (Review of Judgements and Orders) Bill, 2023 had come into effect.

The hearing was conducted by the three-member bench comprising the CJP Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar which adjourned the hearing till Thursday (June 1) shortly after it commenced.

During the hearing, the AGP raised objections to the bench, highlighting that the Supreme Court (Review of Judgements and Orders) Bill, 2023 had become law after the president’s assent. It is aimed at depriving the office of the CJP of powers to take suo motu notice in an individual capacity and was passed by both houses of the parliament last month.

At the outset of the hearing, AGP Mansoor Usman Awan came to the rostrum and said that he wanted to put some things before the bench. He stated that after the president’s assent, the Supreme Court (Review of Judgements and Orders) Bill 2023, had become a law. “As per the new law, the scope of review and appeal are the same now.”

The AGP went on to say that the review could only be heard by a larger bench and raised objections to the three-judge panel hearing the case. Meanwhile, the Chief Justice said that the top court would be resuming its hearing on a set of petitions challenging the government-appointed judicial commission to probe audio leaks. “Take instructions from the government in this regard as well.” “You must have read our order on the audio leaks commission. Keep it in mind that the court didn’t declare the commission as nullified,” Justice Bandial clarified. He went on to say that the court also had to protect the freedom of the judiciary. The deadlock over holding of polls in the two provinces arose after the PTI dissolved its governments in Punjab and Khyber-Pakhtunkhwa in January.

According to the Constitution, once an assembly is dissolved prior to completing its term, general elections for the house are to be held within 90 days from the date of dissolution.