Now at three members — resumed hearing the PTI’s petition against the Election Commission of Pakistan’s decision to delay polls in Punjab on Friday.
The Supreme Court on Friday rejected the government’s request to form a full court on the Punjab and Khyber Pakhtunkhwa election delay case.
A three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar, rejected the request put forward by Attorney General for Pakistan Mansoor Usman Awan on behalf of the government.
During the hearing it was reported that CJP Bandial got teary eyed and said that he too has a heart and emotions.
SC bench dobaara toot gaya; After Justice Amin, Justice Mandokhail recuses from hearing election delay case
Justice Jamal Khan Mandokhail, who was part of the four-member bench hearing the case against the delay of Punjab and Khyber Pakhtunkhwa (KP) elections, has excused himself from hearings on Friday morning, adding to the turmoil gripping the Supreme Court.
Justice Mandokhail said that Justice Amin-ud-Din excused himself from hearing the case. After Justice Amin’s decision, the order was awaited. “I received the court order yesterday at home. I have written a separate note on the order, Attorney General, please read the dissenting note,” said Justice Mandokhail.
The Attorney General read the dissenting note of Justice Jamal Mandokhail, in which it was said that he was a member of the bench; he was not consulted while writing the judgment. “I think I am a misfit in the bench,” the justice wrote in his note.
A four-member bench of the Supreme Court headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial was to hear Pakistan Tehreek-e-Insaf’s (PTI) plea against the delay in elections in Khyber Pakhtunkhwa (KP) and Punjab today.
Initially, a five-member larger bench of the top court was hearing the case.
The original bench comprised CJP Bandial, Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan, and Justice Jamal Khan Mandokhail.
However, on Thursday the bench was dissolved after Justice Khan recused himself from the case after a Supreme Court order halted proceedings under Article 184(3).
After the dissolution of the bench, Supreme Court announced that the bench would continue hearing the case without Justice Khan.
Taking to Twitter, the PTI Chairman Imran Khan said, “Whether it’s a 5 mbr SC bench or Full Bench, it makes no difference to us bec all we want to know is if elections will be held within the 90 days’ constitutional provision.”
“Before we dissolved our two provincial assemblies, I consulted our top constitutional lawyers, all of whom were clear that the 90-day constitutional provision on holding elections was inviolable.”
“Now Imported Govt of crooks, their handlers & a compromised ECP are making a complete mockery of Constitution. By cherry picking which Articles of Constitution they will abide by, they are threatening the very foundation of Pakistan, which is the Constitution & Rule of Law. So petrified are they of elections & so desperate to whitewash their convicted ldrs that they are prepared to destroy the Constitution & any semblance of Rule of Law.”
