SC bench hearing delay in elections dissolved again as Justice Mandokhail recuses today
ISLAMABAD: The Supreme Court’s bench hearing delay in elections in Punjab and KP, dissolved again on Friday after Justice Jamal Khan Mandokhail recused to be part of the bench.
On Thursday, Justice Aminuddin Khan recused to sit in the five-member bench, citing verdict of SC’s bench led by Justice Qazi Faez Isa which suspended suo moto hearing of the case.
On Friday, the chief justice formed a four-member bench, but it dissolved again when Justice Jamal Khan Mandokhail also recused himself from hearing the case.
The SC bench started with 9-members and with the passage of time, it reduced to three because of differences amongst judges over the suo moto case.
On Thursday, the five-member bench of the Supreme Court dissolved when a judge, Justice Aminuddin Khan recused himself from sitting in the bench.
He said that he has given his viewpoint on Wednesday and he don’t want to be part of the bench anymore. Justice Aminuddin Khan was the part of three-member special bench of the SC hearing a case. He was also included in the five-member larger bench of the court hearing delay in elections in Punjab and KP.
Therefore, chief justice of Pakistan is expected to reconstitute the SC bench to resume hearing of the case.
On Wednesday, two judges of the Supreme Court _ Justice Qazi Faez Isa and Justice Aminuddin Khan issued an order wherein they suspended all the ongoing suo moto cases hearing and those in the special benches.
In their written order, both judges said that the suo moto case hearing cannot be conducted as long as the laws are changed. Both the judges were part of a special three-member bench of the apex court.
Meanwhile, during Wednesday’s hearing, once again the confusion prevailed in the Supreme Court’s decision about elections in Punjab and KP within 90 days.
Justice Mandokhail again pointed out during the hearing that the SC’s decision of elections lacked the required majority of judges. Justice Mandokhel said that the apex court and the President Dr Alvi were not supposed to issue orders to hold elections in Punjab and Khyber Pakhtunkhwa.
At the beginning of the hearing today, Justice Mandokhail further explained his remarks from the previous hearing and said that it had caused “great confusion”.
“I stand by my detailed order,” the justice said. He explained that one part of the judgment was about the administrative powers.
Justice Mandokhail said that the chief justice would be asked to constitute a judges’ committee to look into the rules of administrative powers.
Mandokhail said, “In the second part of the verdict, four of us judges rejected the suo motu notice and pleas.” The judgment by the four judges was the order of the court, he added.
He also pointed out that the chief justice did not issue any order about elections.
“How did the president Alvi announce a date when there wasn’t a verdict, how did the election commission issue the schedule,” he asked.
Justice Mandokhail also stated that they can check the file of court’s records, it does not have the order of the court.
“An order of the court is signed by all the judges,” Justice Mandokhail declared.