PM equates decision over polls delay to judicial murder reminiscent of ZAB case n Says election case should be heard in Full Court to ensure legitimacy of decision n Law minister says govt wants state institutions to work within their constitutional limits.
ISLAMABAD – Strongly reacting to the three-member Supreme Court decision ordering the ECP to conduct Punjab Assembly elections on May 14, the federal ruling alliance yesterday rejected the apex court verdict terming it the murder of justice.
The government the other day had urged the apex court to constitute a Full court to hear the elections delay case as the nation would not accept any decision given by the said three-member bench. Following the apex court verdict, the federal cabinet, which met with Prime Minister Shehbaz Sharif in the chair, rejected the court verdict.
The cabinet termed the verdict as inapplicable saying it has been issued in violation of the Constitution.
It was of the view that the verdict had been issued by a minority-ruled (3-2) bench.
Meanwhile, speaking in the National Assembly session here, Prime Minister Shehbaz Sharif equated the court decision on elections delay case to ‘judicial murder’ of late prime minister Zulfikar Ali Bhutto and commented that unfortunate episode was repeated in this decision.
“Today, once again justice and equality have been murdered,” said the prime minister commented. About the former premier Zulfiqar Ali Bhutto case, he said “a murder of justice took place which is highly regrettable”.
He said they in federal cabinet meeting had demanded that a reference over the judicial murder of the late prime minister, which had been pending for the last 12 years. “It should be taken up and decided by the full court,” the Prime Minister said adding that the world knew that the ZAB case was a ‘judicial murder’.
He said even one of the former judges, who was part of the decision, had accepted it in his memoirs. He also lauded late ZAB and said he was among the founders of the 1973 Constitution and his historic contribution would always be remembered.
He also asked the House to pray for the departed soul of Zulfikar Ali Bhutto. Later, Minister for Law Azam Nazeer Tarar said the government wanted state intuitions to work within their constitutional limits.
He said that the government pleaded with the court that the issue should not be made ‘a matter of ego’. He said the government’s demand for a full court bench was rejected. He posed series of questions about the case. “Will taking decision in haste bring political stability to the county? Is this verdict as per the law and the Constitution?” he asked.
“Two assemblies were dissolved to satisfy the ego of a person,” Tarar said, adding that the dissolution was aimed at creating political division in the country. The law minister said that his ministry, as per the Federal Cabinet’s decision, would write to the Supreme Court for the hearing of presidential reference regarding the “judicial murder” of former prime minister Zulfikar Ali Bhutto by a full court bench.
He said the Ministry of Law and Justice, as per the cabinet’s decision, would write to the apex court to form a full court bench to hear the reference so that it might get an opportunity to rectify the historic mistake in the judicial history.
The then president Asif Ali Zardari had sent the reference under Article 186 on April 2, 2011, to the Supreme Court. He said, “Collective wisdom was needed to avert the constitutional crisis and stop further deteriorating the prevailing ones.” The Parliament had also passed a resolution in that regard, he added.
The minister said, “The division in the apex court was pointed out, which was requested not to make any decision in haste.” The Attorney General for Pakistan, he said, had also requested the court during the last day’s hearing to form a seven-member bench but the same was rejected. Another request for a 13-member bench was also turned down.
The legal team would decide about the future course of action on the matter, he added.
He said the coalition parties in the present government were not made parties in the case and their lawyers did not get even a single chance to speak during the last six days of the hearing. He felt sorrow over “the creation of such a crisis,” he added.
The minister said it was also “meaningful” that a six-member bench had been formed to review the judgment of Justice Qazi Faez Isa which had ordered to stop the proceedings of cases initiated under Article 184/3 of the Constitution until the formation of the SC rules.
The matter related to Justice Isa’s verdict seemed to have not been addressed with an executive order, he added.
Article source: https://www.nation.com.pk/05-Apr-2023/not-acceptable-govt-gives-instant-response-to-verdict