Four judges recuse themselves from hearing suo motu case

Four Supreme Court judges on Monday recused themselves from hearing the suo moto case of delay in the announcement of the date of the polls in Punjab and Khyber-Pakhtunkhwa (K-P). Earlier, the top court also issued the February 23 written order, requesting to reconstitute the nine-member bench. The request for reconstitution of the bench has been referred to Chief Justice of Pakistan (CJP) Umar Atta Bandial, while a five-member bench has resumed hearing the case today. The top court has taken suo motu notice over the delay in the announcement of elections for the provincial assemblies of Punjab and K-P since their dissolution earlier this year. Read Will audio leaks lead to reforms in judiciary? PTI lawyers Ali Zafar and Faisal Chaudhry alongside party leaders Fawad Chaudhry, Shireen Mazari and Dr Waseem Shehzad, as well as Mansoor Awan of PML-N, Farhatullah Babar of PPP, Kamran Murtaza of JUI-F and AML chief Sheikh Rashid Ahmed appeared in court. Pakistan Bar Vice Chairman Haroon Rasheed, Supreme Court Bar President Abid Zuberi, Islamabad High Court Bar President Shoaib Shaheen were also present. A nine-judge bench, comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, and Justice Minallah, was hearing the case. The apex court issued the written order passed on February 23 in the suo motu case today (Monday). Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhail and Justice Minallah's dissenting notes were also included in the written order. Read More To what degree pressure tactics influence judges? Meanwhile, major ruling political parties and superior bars are seeking the recusal of two members of the larger bench – Justice Ahsan and Justice Naqvi. Justice Ahsan, Justice Naqvi, Justice Minallah and Justice Yahya Afridi have recused themselves from hearing the case. As the proceedings commenced, CJ Bandial said that the court "wishes to run things as per the constitution". "The court will continue to hear the case for the sake of interpretation of the constitution", said Bandial while adding that the bench was keen to complete proceedings as early as possible. The top judge also expressed concern over Justice Mandokhail's dissenting note being shared on social media prematurely, which he deemed highly "inappropriate". "Until the order is published on the [official] website, it cannot be shared," said Justice Bandial adding that "care will be taken in the future that such an incident is not repeated". The court then asked the PTI lawyer to satisfy the bench that the case could be heard by the SC. Meanwhile, PPP counsel Advocate Farooq Naek reminded the court that a request for the constitution of a full bench in the case was still pending. Upon this, the CJ assured him that the request would be heard as well. It may be noted that in addition to the future of the provincial assemblies, the reputation of the top court hangs in the balance. A sense of distrust fermented around its suo motu case against the delay in the announcement of a date for polls in provinces, with now one of the members of the bench also joining the chorus expressing reservations over the move’s legality. Also Read Complaint against judge sent to SJC During the previous proceedings, one member of the larger bench, Justice Mandokhail, expressed his reservations over invoking the suo motu jurisdiction in the matter. Justice Minallah questioned whether or not a full court should hear the matter, which fell under Article 184-3 of the Constitution. It was witnessed for the first time that one judge raised questions on the conduct of other fellow members while sitting on the same bench. The division among SC judges is widening with each passing day. Even after Thursday’s hearing, harsh words were exchanged between some members of the larger bench.

from Latest News, Breaking News & Top News Stories | The Express Tribune https://ift.tt/bA2u9i5