CJP Justice Umar Ata Bandial led three member bench announced the verdict on Tuesday and suspended the ECP decision and also announced May 14 as Punjab elections date.
Following points are to be noted to understand the legal lacunas in the verdict:
• Notwithstanding the issue of 4-3 and 3-2 judgement of SCP which has a marked bearing on the instant case, making the whole case illegal and this judgement void ab initio, short order of SCP in matter of C.P. 5 of 2023 reveals following glaring illegalities:-
– The judges have given a schedule alongwith new date of Elections in Punjab. This is beyond the powers of SCP and is illegal
– ECP decision was not in its admnistrative or judicial capacity but as Election Commission under Article 184 (3). As, judiciary is independent under the mandate provided by the constitution so is ECP therefore its mandate/powers cannot be used by SCP
– SCP is not executive and cannot assume fiscal and security control of Pakistan, neither can ask for security plans from provincial government
– A three member bench cannot override judgement of a 7 member bench (4-3 judgement)
– Similarly, if a three member bench has ordered stoppage of suo motu proceedings this bench continued against the law and any judgement thereof is meaningless.
▪️The judgement is an attempt to assist IK and PTI in their grab of power.
