A five-member larger bench of the apex court, headed by Justice Anwar Zaheer Jamali Monday resumed the hearing over Karachi law and order situation at the Supreme Court’s Karachi registry.
However, another report said Barrister Dr Farogh A Nasim, representing the MQM, withdrew the party’s petitions submitted in the court against the delimitation of Karachi’s constituencies.
Earlier, in his arguments over MQM’s review plea Nasim maintained that the delimitation of Karachi’s constituencies was not possible before a fresh census was conducted. Giving his remarks, Justice Sarmad Jalal Osmany said that the court had already issued its decision over the delimitation matter.
The ECP in his review petition submitted to the Supreme Court has also stated that undertaking a process of delimitation in Karachi was not possible at this stage and sought a stay in the apex court’s order for the new delimitation in the city.
The petition said under the constitution the process of delimitation can only be carried out after a recently conducted census. The counsel for the ECP stated that the national and/or provincial assemblies’ elections did not constitute the subject matter of the suo moto case nor was the matter of delimitation of constituencies directly linked to it.
It further said the court verdict issued on October 6, 2011 did not order to carry out demarcation of constituencies in Karachi. According to Clause 51, Section 3 and 5 of the Constitution, the delimitation of constituencies can only be carried out on the basis of a freshly conducted census, it contended.
Earlier on Jan 22, CEC Justice (r) Fakhruddin G Ebrahim had categorically stated that delimitation of constituencies in Karachi before general elections was not possible and pointed out that the absence of fresh census might make it impossible to implement the Supreme Court order in this regard.
The court had observed on November 26 that constituencies in Karachi should be delimited in a manner that they comprise “mixed population” to avoid political polarisation and issued notice to the secretary of the Election Commission of Pakistan after an ECP official submitted that the process of delimitation of constituencies in the city could not be initiated.