ISLAMABAD - Supreme Court Judge Justice Yahya Afridi Friday, in his judgment regarding the delay of elections in the Punjab and Khyber Pakhtunkhwa provinces, held that the petitions were not maintainable for adjudication by the apex court under Article 184(3). He added, “Accordingly, I am of the firm opinion that the principle of restraint in exercising original jurisdiction to safeguard the right of appeal of the parties should be respected and maintained, and the three proceedings pending before this Court should not be proceeded with at this stage, being premature and not maintainable,” he said.
Justice Afridi said that he is also sanguine that the High Courts would proceed expeditiously with the pending matters. Another crucial aspect of the present proceedings is that the matter in dispute, though in essence is constitutional, has developed into being peculiarly charged, with unflinching contested political stances being taken by the parties, which warrant this Court to show judicial restraint. He continued that this would also bolster the principle of propriety and comity, so as to not offend the hierarchal judicial domain of the High Court envisaged under the Constitution, and disturb the judicial propriety that the High Court deserves - lest it may reflect adversely on this Court’s judicial pre-emptive eagerness to decide.
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