ISLAMABAD: The 9-judges larger bench hearing suo motu case of dissolution of provincial assemblies of Punjab and Khyber Pakhtunkhwa is reported to have been dissolved. Chief Justice of Pakistan Justice Umar Ata Bandial, while resuming the proceedings, remarked that 4 of the honorable judges recused themselves, while the remaining bench would continue to hear the case to seek interpretation of the Constitution. He also remarked that the bench would try its best to conclude the case tomorrow.
بریکنگ
اسلام آباد: چیف جسٹس عمر عطا بندیال کے ریمارکس4 معزز ممبرز نے خود کو بینچ سے الگ کر لیا،عدالت کا باقی بینچ مقدمہ سنتا رہے گا،آئین کی تشریح کیلئے عدالت سماعت جاری رکھے گی،آئین کیا کہتا ہے اس کا دارومدار تشریح پر ہے،کل ساڑھے 9 بجے سماعت شروع کرکے ختم کرنے کی کوشش کریں گے
— MM News (@mmnewsdottv) February 27, 2023
Justice Athar Minallah and Justice Yahya Afridi expressed their views in their respective notes and they were part of the bench. Justice Ijazul Ahsan and Justice Mazahir Naqvi recused from the bench, while the SC rejected PDM’s plea for forming full court bench.
Also read: What did Justice Mandokhail write in his note?
It is interesting to note that Justice Jamal Mandokhail, whose leaked note created a controversy, opted to remain in the bench but Justice Ijaz Ul Ahsan and Mazahair Ali Naqvi, whose unverified audios were leaked and who were also threatened by political figures publicaly, opted to recuse themselves from the bench.
Also read: How did Justice Mandokhail’s note reach PDM’s lawyer? PTI demands probe
The SC bench comprising 5 remaining judges, CJP Umar Ata Bandial, Justice Mansoor Ali Shah, Justice Mueeb Akhtar, Justiced Jamal Mandokhail and Muhammad Ali Mazhar, resumed hearing with SMC & Ali Zafar, counsel for KP and Punjab speakers, arguing as the hearing continues till the filing of this report.
The Supreme Court on Monday issued 14-pages written order regarding its February 23 hearing in which 4 judges attached their additional notes. (The written order is attached below).
Additional notes of Justice Mansoor Ali Shah, Justice Jamal Mandokhail, Justice Yahya Afridi and Justice Athar Minallah speak for inclusion of two senior judges of SC in bench to hear the matter of such public importance. The bench will be reconstituted by the Chief Justice of Pakistan Umar Ata Bandial.
سپریم کورٹ نے نیا بینچ کی تشکیل کا معاملہ چیف جسٹس کو بھیج دیا گیا pic.twitter.com/YB6KiELTzt
— M Azhar Siddique (@AzharSiddique) February 27, 2023
The Supreme Court, it may be added here, was scheduled to resume hearing its suo motu proceedings regarding the delay in the announcement of a date for elections in Punjab and Khyber Pakhtunkhwa at 11:30 am today (Monday). However, the proceedings could not be resumed till 1:15 pm after which the written order was uploaded on the SC’s website, showing additional notes from the four honorable judges.
The suo motu notice was taken by the top judge after President Dr Arif Alvi earlier this week unilaterally announced April 9 as the election date in both provinces after his invitation for consultations on the matter was turned down by the Election Commission of Pakistan (ECP).
