Pakistan government demands 'controversial' Chief Justice's resignation

Islamabad: A senior Pakistani minister on Friday demanded the resignation of Chief Justice Umar Ata Bandial after another judge of the Supreme Court issued a dissenting note on the suo motu notice regarding holding elections in Punjab province, further deepening the faultlines between the judiciary and the government.

Information Minister Marriyum Aurangzeb addressing the media demanded “Chief Justice Umar Ata Bandial to resign after his position has become controversial”.

On Friday, Justice Athar Minallah, in his dissenting note, maintained that the Supreme Court's suo motu notice was dismissed by a majority 4-3 ruling.

Aurangzeb, who is part of the Pakistan Democratic Movement, in the ruling coalition alliance, said Justice Minallah's decision raised questions about the judicial process.

"Justice Minallah has made a major decision today. Following this decision, the majority of judges have reached a conclusion. The decision made by him today raises questions about the judicial process," the information minister said.

A three-member bench of the apex court led by Chief Justice Bandial on Tuesday fixed May 14 as the new date for elections to the Punjab Assembly, as it quashed the Election Commission of Pakistan's decision to extend the polls date from April 10 to October 8.

The dissenting note of the judge provided an opportunity for the government to put more pressure on the apex court to accept its demand to set up a full court to decide the election date in Punjab province.

The verdict was criticised by the coalition government, which refused to accept it.

"When there was no petition, questions arise as to why the bench was formed and why a decision was made," she said.

Aurangzeb maintained that political parties were not running away from elections but the issues was not limited to elections but had become a matter of "bench fixing." The minister added that the illegal use of powers and arbitrary interpretation of the Constitution cannot be accepted.

On Thursday, the National Assembly or the lower house passed a resolution to reject the decision of the apex court.

The resolution came after Prime Minister Shehbaz Sharif addressing the cabinet meeting on Wednesday described the court decision as a "mockery of the Constitution and law” and added that it could not be implemented.

His idea was supported by the National Assembly, showing the bitter divide over the date of election in Punjab where the assembly was dissolved on January 13 and the polls should be held within 90 days.

The federal government asserts that it has powers to delay the polls and hold it with the general elections in the country after August.

However, former prime minister Imran Khan's Pakistan Tehreek-e-Insaf party was pushing for early polls and demanding that instead of delaying the Punjab elections, the national assembly should be dissolved and general elections called in the country.

Separately, an application was filed by lawyer Raja Sibtain Khan in the Supreme Judicial Council, the body having powers to remove a judge of higher judiciary, for the removal of Chief Justice Bandial.

The complainant claims that the Chief Justice “devised groupings within the vagaries of the Supreme Court of Pakistan” and was guilty of misconduct.

The latest development widened the gulf between the government and the judiciary and increased the political and economic uncertainty in the cash-strapped country.