Polls delay case: Top court rejects govt's full court request

ISLAMABAD: A three-member new Supreme Court (SC) bench headed by Chief Justice of Pakistan Umar Ata Bandial rejected the government’s request to form a full court on the Punjab and Khyber Pakhtunkhwa election delay case, ARY News reported on Friday.

Following the recusal of Justice Jamal Khan Mandokhail and Justice Aminuddin, the three-member bench resumed hearing the PTI plea against the Election Commission of Pakistan (ECP) decision to delay polls and rejected the full court request put forward by Attorney General for Pakistan (AGP) Mansoor Usman Awan on behalf of the government.

The bench was disbanded for the second time today as the original five-member top court bench was dissolved following the recusal of Justice Jamal Khan Mandokhail while Justice Aminuddin Khan withdrew himself from the Supreme Court bench a day earlier.

As soon as the proceeding began, Justice Mandokhail recused himself from the case. Justice Mandokhail said that despite being a member of the bench, he wasn’t consulted regarding the formation of the new bench.

Today’s hearing

As the proceeding commenced, the chairperson of the Executive Council of the Pakistan Bar Council (PBC) appeared before the top court.

However, the CJP maintained that the PBC officeholder would be heard later, to which Pasha stated that the bar had nothing to do with supporting anyone.

“SC should hold a full-court session if they cannot form a full-court bench,” said Pasha.

Here, the CJP said that the bench was considering taking that measure and added that the relationship between the judges was “good”.

Pasha, however, stated that yesterday and today, two judges excused themselves from hearing the matter, and the CJP told him to meet him in his chambers regarding that issue.

“Today is the first time you have come to the court, prove yourself by actions, not by words,” Justice Bandial advised. He added that the president of the Supreme Court Bar had been in touch with him.

During the hearing, the AGP requested the court to ‘lower the rising temperatures across the country’.

Justice Bandial said that the court always gave precedence to the Constitution and that the Constitution and democracy had to be kept alive. He added that those in prison very recently were now addressing the National Assembly.

Commenting on the case, he said that the 90-day deadline for holding Punjab Assembly polls as per the Constitution stands expired in April.

AGP Awan then again requested the formation of a full court to hear the case which was turned by apex court.

The top court summoned the secretary defence and finance on next hearing and adjourned the further proceedings until Monday.

SC sets aside Justice Faez Isa’s ruling

The Supreme Court (SC) office on Friday rejected Justice Qazi Faez Isa’s observation regarding suo moto notices hearing.

On Wednesday, a three-member bench of the Supreme Court ordered to adjourn the hearing of cases of constitutional importance and suo motu notices.

A three-member bench of the court issued the order in a case of giving grace marks to Hafiz-e-Quran. The nine-page decision was written by Justice Qazi Faiz Isa, while Justice Shahid Waheed dissented from the decision.

“Justice Qazi Faez Isa used suo moto powers in judgment,” the SC Registrar Office said in a circular and added the judgment of Justice Isa and Justice Aminuddin does not apply to the larger bench hearing cases related to 184/3.

The SC while rejecting the decision of a three-member bench in a case of giving extra marks to Hafiz-e-Quran, turned down Qazi Faez Isa’s ruling in the case.

It may be noted that initially, a five-member bench was hearing PTI’s plea against the postponement of elections in Punjab by the Election Commission of Pakistan.

Punjab and KPK assemblies’ speakers Sibtain Khan and Mushtaq Ghani have filed a joint constitutional petition on behalf of the Pakistan Tehrik-i-Insaf.

The petition

PTI had challenged the election commission’s decision to change the date of election in Punjab and KP. Punjab and KPK assemblies’ speakers Sibtain Khan and Mushtaq Ghani have filed a joint constitutional petition on behalf of the Pakistan Tehrik-i-Insaf

The federation, Punjab and KPK were made parties along with the ministry of parliamentary affairs, ministry of law and the cabinet in the PTI petition

In the petition, PTI sought directions for the federal government to ensure law and order, provisions of funds and security personnel as per the ECP’s need to hold the elections.

It also requested the court to direct the Khyber Pakhtunkhwa governor to announce the date for elections to the provincial assembly.