ISLAMABAD - The controversy on the holding of elections in the two provincial assemblies is not going to die down even after the decision of five-member Supreme Court bench with the key government ministers claiming that the petitions on delay in the polls have been rejected by the apex court in a majority of 4-3 verdict.
Addressing a press conference here, Interior Minister Rana Sanaullah Khan said that the federal government would accept the SC judgment as it was constitutionally binding on the federal government. At the same time, he surprised many by saying that the majority decision with the 4-3 split held that the petitions were filed before time and rejected them. The remarks of the interior minister came after Law Minister Azam Nazeer Tarar and Attorney General of Pakistan Barrister Shehzad Ata Elahi during their media interaction said that the apex court order has dismissed the constitutional petitions on delay in elections with the majority ruling. There is no need to review the decision in the suo motu case, the law minister also said.
Rana Sanaullah claimed that the SC in its ruling held that the decision to take suo motu notice on the delay in polls of Punjab and Khyber Pakhtunkhwa assemblies was wrong due to the pendency of similar petitions in the relevant high courts. He reproduced the dissenting note of the two judges of the Supreme Court which said, “We, therefore, agree with the orders dated 23.02.2023 passed by our learned brothers, Yahya Afridi and Athar Minallah, … and dismiss the present constitution petitions and drop the suo motu proceedings.” The interior minister said that two judges had recused themselves from the nine-member bench. Out of the seven-member bench, the two judges had in their written orders dropped the proceedings of suo motu notice but did not recuse, he underlined. He added that the bench once constituted couldn’t be changed.
“The petition of PTI stands rejected and suo motu proceedings stand dropped in the light of the decision,” he said. He further said that the matter was now before the high courts and any aggrieved party could approach the apex court to challenge the decision of such a court. Talking about another day’s unpleasant incident, Rana Sanaullah alleged that former prime minister Imran Khan was responsible for the incident of vandalism into the judicial complex of Islamabad as he brought with himself armed and violent supporters only to pressurize the courts. “He (Khan) came with criminal intent and through a conspiracy to pressurize the courts and give them a message that I will come in the same manner if summoned again.” He accused that Khan and his supporters attacked the Islamabad High Court and the judicial complex, which was unacceptable. Terming it an attack on the judiciary, he said two separate cases have been registered against Chairman PTI Imran Khan and his supporters under different sections of Pakistan Penal Code and Section 7 of Anti-Terrorism Act (ATA). He also said that around 200 accused have been nominated in the first information reports (FIRs).