'Rule of law' essential for functioning of democracy in country: CJP.

ISLAMABAD -- Chief Justice of Pakistan Justice Umar Ata Bandial on Tuesday remarked that rule of law was essential for democracy to function in the country.

He said the "problems may arise if the political temperature remained the same, adding that holding elections is also necessary for the functioning of democracy".

A five-member bench headed by Chief Justice Umar Ata Bandial heard the petition filed by Pakistan Tehreek-e-Insaf (PTI)

against the delay of elections in the provinces of Khyber Pakhtunkhwa and Punjab.

At the outset of the hearing, the new Attorney General of Pakistan Mansoor Usman Awan contested that if the court's decision [on March 1] was passed by a four-three majority, then there was no order that stood violated.

"If there is no court order then the president also can't give the election date," he said and prayed the court to firstly settle the matter of that order.

The chief justice said that the court was hearing the matter only pertaining to the cancellation of the election schedule. The CJP remarked that the two judges had given dissenting notes as per their own opinion but it had no connection with this case.

The CJP observed that if the AGP wanted clarification on the judgment of March 1, then they could file a separate petition in this regard.

The chief justice remarked that the bench was viewing the questions raised in the petition, adding that the jurisdiction of the top court was not limited to the extent of a petition.

The AGP responded that the current case was related to the implementation of the decision dated March 1.

The attorney general of Pakistan said that it was an important matter and the court could form a full bench if it considers it appropriate. Justice Mandokhail asked whether the constitution demands elections within 90 days after the dissolution of assemblies and can the Election Commission of Pakistan (ECP) could cancel the polls' schedule.

Justice Mandokhail remarked that there was no doubt that now elections couldn't take place within 90 days. The question was whether this matter could be addressed democratically or not, he said. He asked who was authorized to extend the election date, adding that there was also a question that whether an assembly could be dissolved on the will of one person.

Justice Jamal Khan remarked that the Parliament should review the law regarding the authority of one person to dissolve the assembly.

PTI's lawyer Barrister Ali Zafar said that the parliament could hold...