Renowned legal expert Barrister Aitzaz Ahsan said that Chief Justice of Pakistan (CJP) Justice Umar Atta Bandial stood up taking a firm stance against the doctrine of necessity.
The Constitution of Pakistan mandates the holding of elections within 90 days of the dissolution of an assembly, he said addressing the lawyers' convention in Islamabad through video link, on Monday.
The lawyers gathered in the federal capital to express solidarity with CJP Bandial, who headed a three-judge bench, hearing the election delay case. The chief justice reserved the high-stakes verdict on Monday following six hearings.
The initial three hearings of the case were conducted by a panel of five judges, with Justice Amin-ud-Din Khan recusing himself from the proceedings on the fourth hearing, and Justice Jamal Mandokhail on the fifth hearing.
Subsequently, on March 31 and April 3, a bench comprising Chief Justice of Pakistan, Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar heard the case.
"CJP Bandial is standing staunchly against the doctrine of necessity and his fellow judges support him in this cause for the sake the Constitution," he said.
He said that the dictation given to a judge by the family of Nawaz Sharif in the past is on record. The doctrine of necessity is Justice Munir's legacy because of which the country was clamped down with martial law.
The constitution stipulates holding elections in 90 days as on the 91st day, the caretaker government will be zero, Aitzaz Ahsan said. However, he said efforts are being made to not hold elections in Punjab and Khyber Pakhtunkhwa.
He said that those who are supposed to provide security cover for the elections are making efforts to the effect that elections are not held in the country. He said he is witnessing for the first time that the Constitution is not being implemented. Ahsan also believes that Interior Minister Rana Sanaullah will not allow the Rangers to stand guard for the elections as the paratroopers are under him.
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