Landmark SC verdict further polarises PTI, PML-N

Fawad says five-judge bench approves PTI stance on elections in Punjab, KP

ISLAMABAD (Dunya News) – Pakistan Tehreek-e-Insaf (PTI) and Pakistan Muslim League-Nawaz (PML-N) on Wednesday gave conflicting reactions to the ruling of the Supreme Court of Pakistan regarding elections in Punjab and Khyber Pakhtunkhwa.

Earlier in the day, the top court directed the authorities concerned to hold the general elections in Punjab and Khyber Pakhtunkhwa within 90 days of the dissolution of the assemblies.

A five-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Mansoor Ali Shah and Justice Jamal Mandokhail, announced the verdict on the suo motu notice with a split decision of 3-2. Justice Shah and Justice Mandokhail wrote dissenting notes as they raised objections to the very admissibility of the case. 

Speaking to the media outside the apex court, PTI leader Fawad Chaudhry said the five judges had upheld his party’s stance. Calling the verdict a victory of the Constitution, he said: “In my opinion the bench gave the decision with 5-0”. 

He said President Arif Alvi would announce date for elections in Punjab while Khyber Pakhtunkhwa Governor Ghulam Ali Khan would give date for elections in his province. The Supreme Court had ruled that elections must be held within 90 days of the dissolution of the assemblies, he said.

Read More: Apex court upholds constitution by ordering Punjab, KP elections within 90 days 

PTI lawyer Barrister Ali Zafar said all executive authorities should implement the decision of the apex court as there was no ambiguity in it.

Speaking on the occasion, Awami Muslim League (AML) chief Sheikh Rashid Ahmad asked public to start preparations for the elections. “Today is the victory of Constitution and law,” he said.

-- PML-N rection -- 

Meanwhile, Federal Law Minister Azam Nazir Tarar is of the view that the petition stands disposed of with 4-3. He explained that technically the nine-member bench split into seven-judge bench after Justice Ijazul Ahsan and Justice Mazahar Akbar Naqvi voluntarily dissociated themselves from the bench after questions were raised on their presence in the bench, adding that Justice Yaha 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 today’s verdict of the five-member bench, Mr Tarar said two of them – Justice Mandokhail and Justice 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.