The Election Commission has given the date of general elections on February 11

A three-member bench headed by Chief Justice Qazi Faiz Isa is hearing the case

Supreme court

During the hearing of the case related to the holding of general elections in the Supreme Court in 90 days, the Election Commission has given the date of general elections on February 11.


The hearing of the case related to the holding of general elections in 90 days is going on in the Supreme Court, a three-member bench headed by Chief Justice Qazi Faiz Isa comprising Justice Aminuddin Khan and Justice Athar Minullah is hearing the case.


During the hearing, Election Commission officials, Attorney General Mansoor Awan, Pakistan Tehreek-e-Insaf (PTI) lawyer Ali Zafar and Pakistan People's Party (PPP) lawyer Farooq H. Naik appeared in the Supreme Court.


Commencement of hearing


Ali Zafar, the lawyer of PTI, while giving arguments at the beginning of the hearing, said that I will limit my request to only one point and my request is that the election should be held on time according to the constitution.


The Chief Justice spoke to the PTI lawyer, now you only want elections, to which Ali Zafar said, "Yes, we want elections."


The Chief Justice remarked that will anyone oppose it? I don't think anyone will oppose, he asked the Attorney General whether he would oppose?, to which Mansoor Awan replied in denial.


Ali Zafar said that Article 58 and 224 can be read, elections will not be held, Parliament will not be made, and laws will not be made. Giving the date of elections and giving schedule are two things. Be done.


The demand for elections in 90 days has become ineffective, Chief Justice


The Chief Justice remarked that your plea for elections within 90 days has become ineffective.


Lawyer Ali Zafar said that we are talking about basic human rights, on which the Chief Justice said that no one can deny it, while Justice Athar Minullah said that what can be better than knowing the opinion of the people.


During the hearing, Pakistan People's Party was also allowed to be a party in the case by the Supreme Court.


President's Letter


Ali Zafar argued that if the President dissolves the Assembly, he will give the election date within 90 days, on which the Chief Justice inquired whether it is necessary for the President to consult the Prime Minister to give this date? The PTI lawyer said that it is not necessary. The President has his own constitutional duty to give history.


Justice Athar Minullah inquired whether the President has given the date of the election, to which Ali Zafar said that in my opinion the President has given the date, but the Election Commission said it is not the President's authority.


The Chief Justice inquired whether he could see the letter in which the President gave the date, while Justice Athar Minullah remarked that the President has to order the date and the government has to notify it.


The Chief Justice inquired that where is the letter in which the President gave the date?, on which Ali Zafar read out the President's letter.


The Chief Justice inquired that the assembly was dissolved on August 9, no one objected to this, to which Ali Zafar said yes, no one objected.


PTI's lawyer said that the Law Ministry gave an opinion that the President cannot give a date, if 90 days are counted, the elections will be held on November 7.


Why did it take so long to write a letter to the president? Justice Athar Minullah


Justice Athar Minullah asked why it took so much time for the President to write a letter to the Election Commission, while the Chief Justice inquired whether the President approached us to seek an opinion from the Supreme Court.


Ali Zafar said that no it is not like that, on which the Chief Justice remarked that why are you reading the letter in front of us, the text of the President's letter is also quite vague.


The Chief Justice remarked that when the President did not do it himself, how can he give this advice to someone else, Ali Zafar, are you saying that the President did not fulfill his constitutional duty, the Assembly was dissolved on August 9 and the President wrote a letter in September.

Justice Athar Minullah remarked that the command of the constitution is very clear, the president had to give history, there is no disagreement, while the chief justice said that those who disagree should continue to disagree.


Chief Justice can also take judicial notice of the matter


The Chief Justice remarked that we can also take judicial notice of this matter, we cannot go and write a letter on the last day.


Ali Zafar said that in my view the President has suggested the date of the election, on which the Chief Justice inquired what do you want from us now, do you want us to issue an instruction to the President to give the date?


Justice Qazi Faiz Isa remarked that the president says that so-and-so takes an opinion from so-and-so, can this court issue a writ against the president? If the president does not agree, we will issue him a contempt of court notice.


Conducting elections is a good thing, not a problem, Chief Justice


The Chief Justice inquired that where is the authority to give us history in the Constitution of Pakistan?, to which Ali Zafar replied that the Supreme Court had intervened at one stage, Justice Athar Manullah said that the question was different at that time.


The Chief Justice remarked that holding elections is a good thing, not a problem.


Elections should be held on time, Justice Athar Minullah


The Chief Justice inquired why the President was not called and asked to give the date of the elections, while Justice Aminuddin remarked that your argument is that the President deviated from the Constitution.


Justice Athar Minullah remarked that in Badi-Nazar, the government, the Election Commission and the President are all responsible, now the question is what will be the results, the elections should be held on time.


The Chief Justice asked Ali Zafar, are you representing a political party? Why don't you call the President and ask him to give the date, to which the PTI lawyer replied that he is the President of Pakistan and the whole country. is the president


The Chief Justice remarked that you want us to take action against him?


All are responsible, including the Election Commission, Justice Athar Manullah


Justice Athar Manullah remarked that everyone, including the Election Commission, is responsible for the postponement of the elections. Every day, after the expiry of the stipulated period, the constitution is being violated and whoever is not conducting the elections according to the constitution is suspending the constitution. Article 6 can also be invoked to suspend the constitution.


The Chief Justice remarked that the Election Commission is saying that it is their authority to give a date after the amendment of Section 57, why did you not challenge this amendment?, to which Ali Zafar said that I did not need to challenge it.


The Chief Justice said that you are saying that Section 57 will be read along with Article 58, then the Election Commission is saying right, there is no need to consult the President, he should give the date, the President should give the date, then whatever the Election Commission says. stay


The President should give the date only after consulting the Election Commission


Ali Zafar said that in my opinion, the President should give a date only after consulting the Election Commission, on which the Chief Justice said that if the Election Commission does not consult, then the date should be given.


Justice Athar Manullah said that I agree to this extent that the President should give the date after consulting the Election Commission. The Election Commission has to give this answer. Why did they refuse to consult the President? If it is not done, it is suspending the constitution and article 6 can also be applied for suspending the constitution.


The Chief Justice remarked that Ali Zafar is saying that the President is violating the Constitution, till today there is no violation. The post is big.


I think your relationship with the President is not good, Chief Justice


The Chief Justice remarked that Ali Zafar, I think that your relationship with the President is not good. At that time, we got into the discussion about who should give the date, then time will be lost. Our only concern is that the elections should be held.


Ali Zafar said that if the Election Commission itself gives the date now, I will be satisfied.


The president should write the date of the election in the decree, PTI lawyer


Ali Zafar said that if someone does not act according to the constitution, the Supreme Court can call for action, on which Justice Athar Minullah inquired that what order do you want us to issue to the President?, while the Chief Justice said. That Ali Zafar himself should tell us the sentences that should be written in the ruling, if you tell us the sentences, we will write them if we like them.


The PTI lawyer said that it should be written in the order that the president should give the date of the elections.


You are determined to bring bad times to the President, Chief Justice


The Chief Justice remarked that I keep in mind while writing the order, what will happen if it is not implemented?


The Chief Justice said that you are determined to bring bad times to the President.


Arguments of Abid Zuberi on behalf of the Supreme Court Bar


When Abid Zubiri started arguments on behalf of the Supreme Court Bar, the Chief Justice asked him whether he agreed with Ali Zafar or not.


The Chief Justice remarked that we do not mean the Constitution by your request, while Justice Athar Manullah inquired that Abid Zubair, do you want to continue violating the Constitution?


Abid Zuberi replied that I don't want that and he referred to the Supreme Court decision regarding the May 14 election.


The Chief Justice inquired that Abid Zubiri, you are involved in this dispute, then tell me where is his court order? You cannot show that order because there is no formal order, to which Abid Zubiri said that I am following the decision of the three-member bench. I am referring.


Justice Athar Manullah remarked that Abid Zubiri had not said that elections in 90 days are not necessary under the Constitution.


The Chief Justice remarked that you are taking us to the practice and procedure by referring to the April decision, to which Abid Zuberi said that the election decision came on April 14 while the practice and procedure was made on April 21. The Chief Justice said that the detailed The decision was issued in August.


Abid Zuberi said that it is your own decision that court decisions are short orders.


Justice Athar Minullah remarked that Abid Zubiri cannot afford any more delay, under Article 48, now the President of Pakistan has to give a date.


You want Article 6 proceedings against the President?, Chief Justice


The Chief Justice remarked that if someone does not do his job, the court will not judge, the court will only tell them what the consequences will be, to which Abid Zubiri said that this is what I want the court to take action against those who do not give the election date.


The Chief Justice inquired that you want Article 6 proceedings against the President? You have forcefully taken us where we did not want to go, you want the bench to break and we know why you want it.


Justice Athar Minullah inquired that if the May 14 election was not implemented, did anyone apply for contempt of court? A speaker belonging to a political party applied for the election, his application was decided, then when it was not implemented, he Didn't even apply for insults? By not bringing the request for contempt of court, have they not become responsible themselves? .


The Chief Justice remarked that Abid Zubari, read the order of the previous hearing, you had given your consent on how to conduct the matter.


Justice Atharmanullah inquired that Mr. Abid Zubiri, do you agree with Ali Zafar that elections should be held now? , on which he said yes, that is what I want, Justice Athar Minullah said that then why do you need more arguments, later, Abid Zubiri said that I do not give more arguments.


Elections will be held on February 11, Election Commission


During the hearing, the lawyer of the Election Commission stated that the process of delimitation of constituencies will be completed by November 30 and elections will be held on February 11.


The Supreme Court ordered the Election Commission officials to consult the President on the date.


The Chief Justice remarked that if the President and the Election Commission meet today, they will order today, we want to take the country forward.