Protesting at the court gate amounts to obstruction of justice, Chief Justice

Islamabad: The Chief Justice of Pakistan has remarked that the protest at the court gate is tantamount to obstructing the delivery of justice.

A 3-member bench of the Supreme Court headed by Chief Justice of Pakistan Umar Atta Bandyal heard the Election Commission’s review petition on the court order of the elections in Punjab. Law made, notice to you on this.

The Chief Justice remarked that we will hear both the case against the Review of Judgments and Orders Act and the Punjab Election Revision case together. Election Commission made very good arguments about providing full justice. This is not a new case at all, it is a national issue, can the constitutional guidelines be set aside.

The petitioner’s lawyer Ali Zafar argued in the court that the Supreme Court Review of Judgments and Orders Act is inconsistent with the Constitution, clause 5 of which says that there shall be a right of appeal against the decision of clause 3 of 184. I request that clause 5 cannot be applied to Punjab elections. I am sure that the court will declare this law null and void. If the law is upheld, a 5-member bench will be constituted. The Punjab elections revision case should be heard under the old law.

The Chief Justice said that the election in Punjab was decided on May 14, that time cannot be brought back. What will be the results? After the events of May 9, the Election Commission’s lawyers could not answer with certainty that the elections will be held on October 8. Extensions were given in the past, there are examples of this, we have to see that too.

Lawyer Ali Zafar said that on May 15, I felt that the constitution died. I felt that the constitution was killed. The people of 2 provinces are deprived of public representation in the assemblies. The Constitution must be enforced. I don’t think any judge can say that elections should be held after 90 days. The Supreme Court should decide this case. A civil judge should also be respected. I have no objection to Supreme Court judges.

The lawyer said that the legislation was passed in 5 minutes. Right of appeal is a good thing, right of appeal should be provided by constitutional amendment. The constitution was changed by legislation. The word appeal has been in use since the 17th century. In 1980, the Full Court sat and determined that revisional powers existed. The Constitution was amended by changing the word revision.

The Chief Justice remarked that there is also a good thing. Clause 3 of Article 184 gave limited right of appeal to the decision. Another good thing is that the government and the government agencies have decided to talk through the court. This is great, it shows realism. At first, protests were held at the door of the Supreme Court. There are consequences for what interferes with the right. Protesting at the court gate is like obstructing the delivery of justice.

Attorney General asked the court that Ali Zafar should apply, notice should be issued to him, then he should be heard. The Supreme Court does not hear the petition before filing it. On which the Chief Justice said that this is a good thing.

Later, the court issued notices to the parties including the Attorney General and adjourned the hearing of the case till next Tuesday. The court said that it will hear the case on a daily basis from Tuesday and take a decision.

It should be noted that the Supreme Court had ordered elections to be held in Punjab on May 14, on which the Election Commission filed a review petition on May 3. The federal government, caretaker Punjab government and Election Commission along with PTI have submitted their responses in the case.