In the Spontaneous Notice case related to the elections in Punjab and Khyber Pakhtunkhwa (KP), a detailed note of Supreme Court Justice Atharmanullah has been issued, in which it has been said that the Spontaneous Notice was rejected by 4-3. It has caused unnecessary political conflicts.
Justice Atharmanullah’s detailed note consists of 25 pages.
In a detailed note, Justice Atharmanullah has said that politicians win or lose by bringing disputes to the court instead of proper forums, but the court always loses, all institutions including the Supreme Court should keep their egos aside and fulfill their constitutional obligations.
Justice Athar Manullah said that all institutions including the Supreme Court should fulfill their constitutional obligations. The Supreme Court has not learned any lessons from the past. The country is on the verge of a political and constitutional crisis. Step back and do some introspection.
In the detailed note it is said that automatic notice of date of Punjab, KP elections is dismissed, there are three main reasons for dismissal of petitions and automatic notice, adherence to fundamental principles of application of Article 184 III by the Full Court Bench. In order to be impartial, the court should be careful about the interests of the political parties, the court should also look at the behavior and good intentions of the political petitioner, the behavior of the petitioners does not require that the authority of 184/3 Hearing should be used.
Justice Athar Minullah said that taking automatic notice would mean promoting undemocratic values and strategies, past decisions cannot be erased but at least efforts can be made to restore public trust, the history of elections is a matter of controversy. , which was essentially political in nature, Justice Yahya Afridi rightly said that the court should be careful in the use of automatic notices, the Supreme Court has been dragged into political controversies for the third time in a row.
In a detailed note, Justice Athar Manullah said that the self-notice of the Punjab, KP election was rejected by four-three votes. I agree with the opinion of Justice Mansoor Ali Shah and Justice Jamal Mandukhel. It is done, on February 27th there was a consensus in the tea room that I will sit on the bench, there was a separate note from Justice Yahya Afridi in the hearing order of February 23, Justice Yahya Afridi automatically rejected the notices and petitions on the basis of inadmissibility. were given
Justice Athar Manullah also said that it should be clear that he did not leave the bench nor did he give any such reasons in his short note, I also gave an unhesitating opinion about the inadmissibility of the petitions in my note, Justice Mansoor and Justice I fully agree with Mandukhel’s detailed reasons. In his note to the court to avoid political conflict, he suggested the formation of a full court. The formation of a full court would maintain public confidence. Controversies have plagued it.
It should be remembered that the Chief Justice had taken notice of the elections on the note of Justice Ejazul Ahsan and Justice Mazahir Naqvi in the Ghulam Mohammad Dogar transfer case and constituted a 9-member bench.
In the first hearing of the automatic notice case in the Supreme Court on February 23 for the elections in Punjab and Khyber Pakhtunkhwa, Justice Atharmanullah had separated from the bench and had also written a separate note which has now been released in detail. .
4 judges included in the 9-member bench separated from the bench and rejected the notice of their own accord, including Justice Athar Manullah, Justice Yahya Afridi, Justice Mansoor Ali Shah and Justice Jamal Mandukhel.