The government on Friday demanded resignation from the chief justice of Pakistan for giving a “controversial” decision on an “inadmissible” petition which was dismissed by the senior judges of the Supreme Court with 4-3.
“Today Justice Athar Minallah of the Supreme Court gives a major decision which does not only raise a question over the proceeding of the court in the suo motu case for delay in Punjab election, but it also categorically states that he had not distanced, recused and disassociated from the bench,” she said while addressing a news conference.
She said Justice Athar Minallah had not only agreed with his brother judges but also dismissed the petition by declaring it inadmissible.
Marriyum said three-member bench was constituted on a petition which was dismissed by the majority of judges. “Why the bench was constituted on the petition which was dismissed and how can a decision be given on a petition which does not exist,” the minister questioned.
She said not only the major political parties called for full court on the Punjab polls’ issue, but it was also opinion of four judges of the Supreme Court who stated that the case had become “controversial” and it was imperative to form the full court bench so that the people’s trust could be reposed in the courts.
The minister said political parties did not run away from the election but the decisions which were imposed to solidify a political strategy could not be accepted. “This is not the matter of a bench rather it is tantamount to bench fixing.”
She said Justice Athar Minallah had raised question over the decision which had two different aspects i.e. political and judicial.
“Now, the question arises why the courts are playing a role of facilitator [for someone],” she said, adding the decision was unprecedented as “controversial justice Ijaz ul Ahsan” has been made part of the bench.
“People will never trust on a decision of the Supreme Court if it ushers in constitutional crises,” she remarked.
She said a decision has been imposed on the government by the CJP who constituted a bench on a petition which was already dismissed by the majority judges. “How can CJP forms a bench on a dismissed petition,” she inquired.
Marriyum asked as to why the major political parties were not heard by the court which, on the other hand, called Asad Umar to get briefing on economy.
Attendance of the counsel of 13 parties was not marked, she said, adding their arguments should have been for integrity and respect of the Supreme Court.
She said misuse of authority and self-interpretation of the constitution was unacceptable.
The minister said note of Justice Minallah had completed the decision given by other three judges for dismissing the petition on Punjab polls. “If the Constitution calls for holding election in Punjab within 90 days then why it is silent in case of Khyber Pakhtunkhwa.”
She said the Parliament termed the decision interference in its matter while Justice Minallah said suo motu should be taken by keeping intention of a petition in mind. In this case, the petitioner was the foreign agent, a thief of a wrist watch and a person who did not even declare his own daughter Tyrian White.
Justice Miallah also stated that the apex court had also become controversial due to the suo motu case, she said, regretting that the constitution was compromised for Imran Khan.
She asked how people can accept a decision which was unacceptable to the senior judges of the Supreme Court. The decision of three-member bench was “unconstitutional and against the law”.
To a question, she said Imran Khan staged a drama over cipher to create political and economic instability in the country. How letter of Imran Khan could be accepted while the same was rejected in case of Chaudhary Shujaat Hussain.
She regretted that Nawaz Sharif was disqualified in 2017 by borrowing a definition from the Black’s Law dictionary.
Marriyum said Imran Khan started calling the establishment “animal” when they announced its neutrality and when the courts summoned him, he resorted to attack them with guns and armed people.
She said the politicians were blamed for the problems faced by the country, but conspiracies hatched against them when they made efforts to rectify the situation. The mockery of constitution and law must come to an end, she added.
The minister said election should be held across the country simultaneously.
