Petitions regarding elections in Punjab & KP stand disposed of with 4-3: Azam Nazir Tarar

ISLAMABAD, March 01 (SABAH): Reacting to the Supreme Court of Pakistan’s verdict on the elections in Punjab and Khyber Pakhtunkhwa, Federal Law Minister Senator Chaudhry Azam Nazir Tarar Advocate said on Wednesday that that the petition stands disposed of with 4-3.

Addressing a press conference outside the Supreme Court of Pakistan along with Attorney General Barrister Shehzad Ata Elahi, Azam Nazir Tarar said that technically the nine-member bench split into seven-judge bench after Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi voluntarily dissociated themselves from the bench after questions were raised on their presence in the bench.

He further said that Justice Yahya Afridi and Justice Athar Minallah dissociated themselves from the case as they expressed their opinion on the maintainability of the petitions on the election date in the provinces.

Referring to Wednesday’s verdict of the five-member bench, Azam Nazir Tarar said two of them Justice Jamal Khan Mandokhail and Justice Syed Mansoor Ali Shah had written dissenting notes in the ruling raising objections over the maintainability of the ruling. Therefore, the petition, in my view, stands disposed of with split decision of 4-3.

The law minister said the decision of the petitions should be taken by the high courts in Lahore and Peshawar where the pleas are pending.

On the occasion, Attorney General Barrister Shehzad Ata Elahi said that they have appreciated the proceedings regarding elections of Punjab and Khyber Pakhtunkhwa assemblies in the Supreme Court and fully cooperated in this regard. Not any lawyer has asked for the date or the time and all the proceedings were done in accordance with the will of the court, he added.

He further said that facts were before each and everyone and added the matter started with nine-member bench and then some proceedings were done and finally five-member was made on Monday wherein there were two judges including Justice Yahya Afridi and Justice Athar Minallah had rejected the applications in their written notice on February 23. Nine members sent the matter back to the Chief Justice and afterwards five-member bench was constituted. 

He said in the verdict issued on Wednesday, Chief Justice of Pakistan Justice Umar Ata Bandial, Justice Munib Akhtar, Justice Muhammad Ali Mahar gave one decision whereas Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail gave another decision. He further said this matter was worth pondering that they have received the written order wherein Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail wrote that they support the verdict issued by Justice Yahya Afridi and Justice Athar Minallah while reject the current constitutional petitions besides culminating the proceedings of suo moto notice.