Law minister claims SC rejected polls in 90 days by ‘4:3 majority’
Asserts verdict given by seven judges, not by five: CJP didn’t include two judges in bench keeping in view their notes
March 2, 2023 04:14 AM
Federal Minister for Law and Justice Senator Azam Nazir Tarar claimed on Wednesday that Supreme Court had actually rejected elections in 90 days with 4-3 majority, reported 24NewsHD TV channel.
Senator Tarar was addressing a press conference flanked by Attorney General of Pakistan Shahzad Ata Elahi after the Supreme Court of Pakistan announced its verdict to hold elections in 90 days.
Attorney General Shahzad Elahi said his party had the stance that four judges (Justice Athar Minallah, Justice Yahya Afridi, Justice Mansoor Ali Shah and Justice Jamal Mandokhail) had written dissenting notes and expressed their opinions and they were not in favour of holding elections in 90 days.
Tarar said that facts were quite clear before everyone. The suo motu case had begun with nine judges.
Shahzad Elahi said the decision taken by Justice Yahya Afridi and Justice Athar Minaallah is on record. On February 23, two judges said that the case was not maintainable.
“We extended our full support in legal proceedings. Today we should talk about law and constitution,” he said.
The case had been decided by seven, not five judges, Shahzad Elahi was of the view. He further said that verdict should be seen in the context of 4:3 judges ratio. The case did not require any review because the ruling was quite clear.
He said the chief justice had not included the two judges in the bench keeping in view their notes as their verdicts.
Two judges clearly said they were in agreement with Justice Yahya Afridi and Justice Athar Minallah and the petitions are rejected.
Tarar says government was not running away from elections. He added that the petitions regarding elections in both provinces were being heard. The high courts could also explain the ruling.
The three judges, after consultations and seeing the on-ground facts, proposed to delay elections, he maintained.
Tarar said the president had to fulfil its constitutional duty or had to take decisions acting like a party worker.
Attorney General Shahzad Elahi said on February 23 two judges had rejected the case. He said dissenting notes of Justice Mansoor Ali Shah and Justice Jamal Mandhokhail were important.