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Ongoing Legal Discussions Regarding the SC’s Suo Motu Order: Tarar

The law minister calls for simultaneous provincial and general elections and emphasises the constitutional authority of the ECP

Azam Nazir Tarar, the Federal Law Minister, declared that the government is currently obtaining legal counsel in response to the Supreme Court’s suo motu notice and its ruling in the polls delay case.

The ruling coalition is adopting a hardline stance and plans to introduce a resolution opposing the ruling in the National Assembly, despite the Supreme Court’s order for elections in Punjab to be held on May 14.

The government asserts that the law and Constitution are being disregarded and that the court’s rulings are in conflict with the constitutionally mandated process for holding elections.

The government is advocating for the holding of national and provincial assembly elections at the same time, despite the Election Commission having complied with the Supreme Court’s directive and started the election process.

The Law Minister emphasised that the ECP is in charge of holding elections and that there is already a system in place for elections to be held in accordance with the Constitution.

Tarar clarified that the contentious dissolution of the Punjab Assembly was referred to the Lahore High Court and that the governor of Punjab did not sign the summary that the chief minister had sent.

Despite this, after 48 hours the assembly disbanded on its own. A nine-member bench was assembled to hear the Punjab and Khyber Pakhtunkhwa (K-P) polls delay case after the chief justice took suo motu notice of the situation.

In addition to the two judges who have already voiced their opinions, another two have removed themselves from the proceeding.

Tarar outlined his concerns with the case, pointing out that the Punjab and K-P high courts are currently hearing petitions relating to elections, that security risks exist in both provinces, and that the court disregarded the opinions of political parties.

Senior judges are being barred from the bench, and the federal cabinet declared the minority judgement to be unacceptable.

He emphasised that the Supreme Court’s ruling is still being litigated, suggesting that the government has no immediate plans to concede.

As a result of objections from the opposition, the Senate and National Assembly passed the Supreme Court (Practice and Procedure) Bill 2023, which was intended to limit the top judge’s suo motu authority.

To end the nation’s constitutional and political crisis, the federal cabinet has asked President Dr. Arif Alvi to sign the Supreme Court Practice and Procedure Act 2023 right away.

In a previous warning, Tarar stated that the government would not accept a hasty ruling from the highest court regarding a delicate and significant matter.

Written by Imad Khan

Imad Khan has the skills and experience to deliver top-notch content that informs, engages, and inspires. He oftens explores nature in his free time.