ISLAMABAD: The coalition government on Monday reiterated its demand for the formation of a full Supreme Court bench to hear the case related to the Punjab chief minister’s election.
During the press talk, which came hours before the apex court was set to resume hearing Chaudhry Parvez Elahi’s petition challenging the Punjab Assembly deputy speaker’s ruling calling the chief minister’s re-election in Hamza Shehbaz’s favour, members of the coalition government came down hard on the judiciary and questioned its impartiality.
The presser was also held a day after the coalition announced it would formally file a petition with SC registrar’s office seeking formation of a full court bench for hearing of all related petitions, including the Supreme Court Bar Association’s (SCBA) petition seeking review of the SC’s earlier opinion on Article 63-A.
At the outset of the press conference, PML-N Vice President Maryam Nawaz said that she had been advised not to hold the media talk as it would affect her appeal in the Panama case that was being heard by the Islamabad High Court and was in its “final stages”.
“However, I said that the people’s representative has to think beyond themselves and think about the people.”
Commenting on recent court decisions, Maryam said that their impact stays for decades and intensifies over time.
“I can write an essay praising the judiciary but one wrong decision will dismiss the entire [argument],” she said. On the other hand, a decision based on justice can withstand criticism, she said.
She alleged that petitions were being filed with the court and were not being fixed or were facing delay.
Our justice system is such that when a petition is filed, the people already know what bench will be constituted and the decision that will be given, she said.
Maryam gave several examples of the PML-N’s legal woes, claiming that the party’s leaders were being discriminated against.
She also gave the example of Hamza, saying: “Have you ever heard of a trustee chief minister?”
She said that since Hamza was elected chief minister of Punjab, he was not being allowed to work. “He goes from parliament to court, and back and forth. What justice is this?”
The PML-N vice president pointed out that there were many respected judges appointed to the apex court and questioned why they were not involved in hearing the PML-N’s cases.
“One or two judges, who have always been anti-PML-N and anti-government, they are repeatedly included in the bench,” she said, adding that “bench-fixing is a crime just like match-fixing”.
The PML-N leader asked for the SC to take suo motu notice of this issue.
It should be noted that the case on the legality of the Punjab deputy speaker’s ruling is being heard by a three-member bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar— three of the five judges who deemed that the then National Assembly deputy speaker Qasim Suri’s decision to dismiss the vote of no-confidence against Imran Khan in April was contrary to the Constitution, paving the way for the PTI chief’s ouster as the prime minister.
Justices Bandial, Ahsan and Akhtar were also instrumental in the split decision that disallowed the votes of defecting lawmakers from being counted in the Punjab chief minister election, the verdict that set the stage for the re-election that took place last week.
During the press conference, Maryam alleged that court decisions were favouring the PTI even though they were mocking the judicial system.
She questioned the state of judicial system and where the country was headed if decisions were given in favour of those who “abuse and bully institutions”.
3 people can’t be allowed to decide country’s fate: Bilawal
Foreign Minister Bilawal Bhutto-Zardari asserted that the country’s democratic parties had only one demand: the formation of a full court bench.
“It cannot happen that only three people decide this country’s fate, that only they decide whether this country is run through a democratic system, an elected system or a selected system.”
Bilawal said that all the parties in the coalition government wanted a democratic system.
He went on to say that “some powers” were unable to digest that Pakistan was moving towards democracy and the people were making their own decisions.
He said that the PTI chief had trampled on the province’s rights during his time in government which had proven to be disastrous for the country and the economy.
Bilawal said that as a result of the government’s democratic struggles, the country’s institutions were compelled to change their “controversial, unconstitutional and undemocratic role”.
“And it has been three months and some powers, people, political parties and conspirators are unable to tolerate […] a campaign is being run in the country to keep Imran Khan at the front.”
He alleged that the campaign was a conspiracy against the country’s economic progress and democratic journey. “We did not let any conspiracy succeed in the past and we will not let it happen now. We want institutions to remain uncontroversial.”
The foreign minister said that everyone will accept the verdict when all judges listen to the case.
“If only three judges give a decision, then we will not be able to control the political situation that will develop in this country.”
He said that the Constitution could not be altered over the pressure asserted by the PTI chief.
“We all want full court bench. Whatever you decide then will be according to law and Constitution and we will trust it.”
Maulana endorses Maryam’s view
During the media talk, Jamiat Ulema-i-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman endorsed Maryam’s view saying that fingers were being pointed at the judiciary.
He said that the government wanted to strengthen the judiciary, where its decisions spoke for themselves. “They shouldn’t have any conflict or give the impression of a bias.”
He said that the a government given the mandate by the people was not being allowed to function. He went on to say that when a government was not formed as per the will of the country’s institutions, a new setup was imposed through rigging.
He said that institutions meddle in political affairs to protect the state but did they ever think that the state is weakened due to their interference?
“You are sitting behind a wall. You may decide whatever you want […] and make politicians the culprit in the eyes of the public and defame them. But if there’s moral courage, hold yourself accountable.”
The Maulana said that the government did not expect any justice from the current bench and reiterated the government’s demand for a full court bench.
He went on to say that the government supported what Maryam said earlier, saying that this was their “united stance”.
“Don’t take this nation to a point where people rebel against institutions,” he said.
He highlighted that the government, the public and parliament were also included among the country’s institutions. He said that the people’s confidence in institutions needed to be restored but the latter should also assess their role and hold themselves accountable.
“We want to make country’s furture brighter but for that stability for the government is important […] We are united on the fact that we have to set the economy right but let us do it.”
The JUI-F said that it was very easy to “create difficulties”.
“If you expect us to not create any difficulties for you, then it is also your obligation to not create difficulties for us […] if there’s support for parliament, institutions and the government, the country will stabilise.”