The senior lawyers of Khyber Pakhtunkhwa here on Saturday demanded the formation of a full court to decide KP and Punjab assemblies election case after the dissenting note of senior judge of the supreme court, Justice Athar Minallah. They said that Justice Athar Minallah has raised serious questions and the formation of a full court was now inevitable to clear all the issues and controversies related to the case.
Gohar Rehman Khattak, former President of Peshawar Bar Council and member Peshawar High Court Bar Association told APP that the observations passed by Justice Athar Minallah was of serious nature and demanded the formation of a full court comprising all judges of the Supreme Court to remove the prevailing confusion in this high profile case. He said that Justice Minallah has agreed with Justices Syed Mansoor Ali Shah and Jamal Khan Mandokhail, who penned the dissenting note in the suo motu case.
He said the courts should show extreme restraint in matters which involve political stakeholders. He said it was also in the interest of SC to make a review of the high profile case and give full opportunities to all political parties including PDM, PTI and Election Commission of Pakistan in full court. Esa Khan, former Advocate General KP said that full court was the best solution to address all the issues raised by Justice Athar Minallah, Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhel.
He said Justice Athar Minallah also questioned the move to dissolve provincial assemblies and asked if such conduct is in consonance with the scheme of constitutional democracy. Esa Khan said that Justice Athar Minallah has confirmed that the Supreme Court’s suo motu of delay of Punjab and KP election was dismissed by 4-3 judges. He said that the intent of the political party that dissolved the assemblies should also be critically examined.
He said political parties should address political problems through dialogue and inside the Parliament rather than bringing it to courts. He said that political unity was required for a transparent and free election. Without political dialogue and unity, he said elections in KP.—APP
