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Federal cabinet rejects top court’s verdict in election delay case

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  • Federal cabinet sources say “verdict unenforceable”.
  • Govt to raise voice in parliament regarding SC decision: sources.
  • Maryam terms three-member bench as “Khan’s facilitators”.

ISLAMABAD: The federal cabinet Tuesday rejected the Supreme Court’s “unanimous verdict” on the case pertaining to the postponement of election in Punjab and Khyber Pakhtunkhwa (KP), sources told Geo News.

The development came during the cabinet’s meeting, chaired by Prime Minister Shehbaz Sharif, held after a three-member bench — headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar as members — announced the apex court’s verdict on the matter which it had reserved a day earlier.

Announcing the verdict on a plea filed by the Pakistan Tehreek-e-Insaf (PTI), the country’s top court declared the Election Commission of Pakistan’s (ECP) decision to postpone polls in Punjab and KP from April 30 to October 8 as ‘null and void’.

The Supreme Court, in its verdict, states that the ECP’s order dated March 22, 2023, is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect, and is hereby quashed.

“The Supreme Court’s decision is a minority verdict, which is why the cabinet rejects it,” the sources in the federal cabinet said.

The top court’s decision, as per the sources, is not enforceable.

The government would raise its voice in parliament regarding the verdict, the sources added. It was also decided in the meeting that the coalition parties in power will talk about the apex court’s decision in parliament, they added.

In the meeting, the cabinet decided to present its position on the verdict.

‘Last blow of conspiracy’

Commenting on the SC decision, Pakistan Muslim League Nawaz (PML-N) Senior Vice-President and Chief Organiser Maryam Nawaz took to her Twitter and wrote that today’s verdict is the last blow of the conspiracy which began by “rewriting the Constitution and presenting the Punjab government on a plate” to the bench’s blue-eyed boy, Khan.

Maryam termed the three-member bench as “Khan’s facilitators” and said that this was done so he could be reselected under their presence and supervision.

“This bench has taken responsibility for the work done by [Lt Gen] Faiz [Hamid], [ex-CJP Asif Saeed] Khosa and Saqib Nisar in 2018. A majority of the Supreme Court revolted against this appalling and brazen facilitation and one-man show,” the PML-N scion tweeted, stressing that it is now time for the parliament to stop this facilitation using its “constitutional and legal hands”.

She further stated that it is not enough for the federal cabinet to reject the verdict. The PML-N politician wrote that those who tried to impose the “favourite” by defying the Constitution and law should be brought to the rostrum.

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PTI suggests resuming talks with government over judicial commission issue.

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Barrister Gohar, Chairman of the PTI, has claimed that the party’s founder has suspended negotiations, emphasizing that the government should declare the commission within seven days.

He emphasized the PTI’s openness to rethink if the government makes headway and establishes the commission.

Barrister Gohar told the reporters, “Seven days were enough to announce the commission.” We are ready to reconsider, but the government must first announce the commission.”

He stated that the PTI approached the negotiations with an open mind. “The PTI founder has halted the negotiations. “The government had eight laws on their agenda, while we only had two demands,” he stated.

The PTI chairman went on to say that even after seven days, no progress had been made in forming the commission. He encouraged the government to reconsider the decision and proceed with the announcement.

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PTI will declare February 8 to be “Black Day,” sparking protests across the country.

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According to reports, the Pakistan Tehreek-e-Insaf (PTI) intends to hold rallies nationwide on Wednesday in support of its decision to declare February 8, the one-year anniversary of the general elections, a black day.

According to media sources, PTI founder Imran Khan has instructed all party lawmakers—including MPAs and MNAs—to plan and take part in demonstrations in their local communities on February 8 in order to draw attention to their complaints and issues.

In a recent meeting with legal advisors on Wednesday, Imran Khan expressed dissatisfaction with the performance of the party’s Information Secretary Sheikh Waqas Akram. The meeting emphasized the importance of party discipline and gave stern directives to abstain from any criticism of Maulana Fazlur Rehman, the head of the JUI-F.

It has also been suggested that the PTI engage opposition leaders in the demonstrations in order to win their support.

Party insiders revealed that the founder has urged leaders to ensure effective coordination and mobilised efforts in preparation for February 8.

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In 13 cases involving the D-Chowk demonstration, Bushra Bibi granted temporary release until February 7.

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Bushra Bibi, the wife of the PTI chairman, was granted temporary release by the Islamabad Anti-Terrorism Court (ATC) in 13 counts pertaining to the November 26 D-Chowk protest. Judge Tahir Abbas Supra ordered the police to produce all pertinent documentation by February 7 and granted bail against surety bonds of Rs. 5,000 apiece.

Additionally, Bushra Bibi was given temporary release until February 7 in the Rangers’ accident case. During the hearing, Judge Tahir Abbas Supra expressed disappointment over the behavior of the defense counsel on two occasions. Addressing the lawyers, he remarked, “You demand VIP protocol everywhere, but this is not possible. Prepare your files properly before coming to court.”

Three cases at the Secretariat Police Station, two each at the Margalla, Karachi Company, and Ramna Police Stations, and one each at the Tarnol, Kohsar, Aabpara, and Khanna Police Stations are among the numerous charges against Bushra Bibi.

In addition, the judge chastised the defense team for requesting that Bushra Bibi sign and thumbprint blank documents. He said, “The accused must sign and thumbprint the court orders, not blank sheets.”

Bushra Bibi also went to the Islamabad High Court to have her biometrics verified in relation to her appeal to be exonerated in the Toshakhana-II case. On Monday, Bushra Bibi and the PTI chairman submitted their acquittal petitions. After finishing the biometric procedure, she departed right away.

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