SC Judge Athar Minallah says the suo motu on elections in Punjab and KP was dismissed by 4-3
ISLAMABAD: The Supreme Court’s decision on elections in Punjab took a new turn on Friday as SC Judge Athar Minallah said that the suo motu case was dismissed by 4-3.
Justice Athar Minallah stated this in his detailed order issued on Friday.
He said, “He had neither recused nor had any reason to dissociate himself from the case.”
The apex court judge agreed with Justice Yahya Afridi’s note on the dismissal of the petition and his reasoning in the short order was “persuasive”. Therefore, he had no “hesitation in concurring with the decision”.
Justice Minallah said, “I reiterated my decision by recording my note in the order dated 24.02.2023. I have had the privilege of reading the detailed reasoning recorded by my learned brothers, Syed Mansoor Ali Shah and Jamal Khan Mandokhail, and I agree with their opinion, particularly regarding the final outcome of the petitions and the suo motu assumption of jurisdiction by a majority of 4 to 3 because this was the understanding in the meeting held in the anteroom on 27.02.2023. It is noted that I had not recused nor had any reason to dissociate myself,” said the judge in his detailed note.
Importantly, Justice Minallah was among the judges who rejected the suo motu notice taken by the Chief Justice of Pakistan (CJP) Umar Ata Bandial regarding the delay in polls in Khyber Pakhtunkhwa (KP) and Punjab on the advice of an SC bench hearing the Ghulam Mehmood Dogar case.
Earlier, CJP Bandial had formed a nine-member bench to hear the suo motu case.
Two of the nine judges recused themselves from the case, while four — Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, and Justice Minallah — had dismissed the case.
In his note, Justice Minallah emphasized that “public trust and confidence” are “sacrosanct” for the judiciary to operate effectively.
“The legitimacy of the court’s verdict solely depends on the public’s belief that the Court is an independent, impartial, and apolitical arbiter of disputes between political stakeholders,” said the judge. He also explained that issue of elections in Punjab and Khyber Pakhtunkhwa was political and was being adjudicated by a high court.
‘Article 63-A polarised political stakeholders’
The judge noted that the Supreme Court has remained at the center stage of an “unprecedentedly charged and polarised political milieu” since April 2022 when the former National Assembly deputy speaker dissolved the lower house.
The judge noted that Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s decision to leave the National Assembly had “profound consequences”.
Justice Minallah noted that with that decision President Arif Alvi invoked the Supreme Court’s advisory jurisdiction for the interpretation of Article 63-A.
the former Islamabad high court chief justice stated that the verdict in the Article 63-A case of disregarding votes had a “profound” impact in a “highly charged and polarised political atmosphere”. He also noted that the review of the case was pending as well.
“The effects of the interpretation of Article 63A on the ensuing events were far-reaching for the polarised political stakeholders,” said Justice Minallah.
