Foreign Minister Bilawal Bhutto Zardari on Monday expressed concerns that the country could face a “martial law or an emergency-like situation” due to the constitutional crisis that might occur if the Supreme Court does not constitute a larger bench to hear the PTI’s petition against the Election Commission of Pakistan’s (ECP) decision to postpone polls to the Punjab Assembly.
For the past week, a three-member apex court bench — comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar — has been hearing the petition and rejected repeated requests from the coalition government for the formation of a full court bench on the matter. Earlier today, the court reserved its verdict in the case.
“My concern is that if a larger bench is not constituted then such a constitutional crisis will be born that God forbid martial law or emergency-type situation [could be] imposed again on Pakistan,” FM Bilawal said today while talking to media reporters in Larkana today, acknowledging that he was making a “big” statement.
Bilawal, whose media talk came after the top court reserved its verdict, said there was still time for everyone to “come back to their senses”.
He said that the institutions’ conduct should benefit the nation and “for that, it is necessary that our honourable judges form a full court to answer this important question [regarding the election date].”
Bilawal said the impact of a decision by “three individuals” would be different from that of a larger bench, urging the apex court to consider the prevalent situation in the country.
The foreign minister said the criticism of the higher judiciary from within its own ranks was “historic” and an indication of their no-confidence in “these three judges”.
He questioned when it had happened before that a nine-member bench was whittled down to three after protest from its members.
Bilawal also questioned Justice Ahsan’s inclusion on the bench when he had originally distanced himself from February’s proceedings on the apex court’s suo motu notice of delay in Punjab and Khyber Pakhtunkhwa elections.
Regarding CJP Bandial, the foreign minister said: “I think when your own court and your own judges express no confidence in your character and the bench, and distance themselves when such an important question is before you, then the constitutional thing to do is to form a larger bench in which all judges sit except those two who were caught on record taking advice from the opposition.”
Bilawal added that in such a situation the decision of all the judges would be acceptable to the coalition government.
He said his party would “fight and contest” if any court ordered it to utilise funds meant for flood affectees for the “battle of Lahore’s throne”.
FM Bilawal also criticised Supreme Court Registrar Ishrat Ali, saying it seemed as if he was a “super emperor who can strike off the judgement of a three-member bench through a notification whenever he wants”.
“I think when dictatorial methods are seen in the court and when judges themselves are saying ‘we have a one-man show’ then it will be better the chief justice and our judges get their own house in order and form a larger bench before anyone else takes any steps.”
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