ISLAMABAD: The National Assembly (NA) on Thursday passed a resolution against the Supreme Court’s (SC) declaration that the Election Commission of Pakistan’s (ECP) decision to postpone elections in Punjab was “illegal”.
The three-member bench — headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan — had also fixed May 14 as the date for the poll in the province.
Balochistan Awami Party (BAP) leader Khalid Magsi presented the resolution before the NA after it was prepared by the coalition parties of the incumbent government.
Reading the resolution out to the assembly, Magsi said that the three-member bench ignored the majority decision of the four judges who were previously part of the bench. He added that the judgement violated the traditions, precedents and procedures of the court itself.
He continued that the minority was imposed over the majority and that the parliament rejects the decision of the three-member minority bench and declared the decision of the majority bench ineffective according to the Constitution and law.
Magsi stated that the NA session supported the decision of the three-member bench of the Supreme Court to not set the cases filed under Article 184 (3) of the Constitution of Pakistan for hearing until the decisions of the full court meeting.
He expressed serious reservations about the decision of the court to be heard in front of another controversial bench in a hurry and the hasty decision given within a few minutes.
“Such an action is clearly against the traditions and precedents of the Supreme Court, and is unacceptable,” he said, adding that the House expressed concern over undue judicial interference in political matters.
The BAP leader maintained that the “minority ruling” was creating political instability in the country and that the decision paved the way for division into federal units.
The House considers the holding of general elections at the same time across the country to be the solution to all the problems.
“This House rejecting the minority decision of the three-member bench advises the prime minister and the Cabinet to not obey the unconstitutional and unlawful decision”.
He further said that the NA also expressed serious concern over the misinterpretation of Article 63(A) of the Constitution and its rewriting by the Supreme Court.
Magsi concluded that the full court of the SC should review the decision.
The Pakistan Tehreek-e-Insaf (PTI) who moved the apex court against the delay in the Punjab polls, has rejected the NA resolution.
