The nine-member larger bench of the Supreme Court of Pakistan (SC) constituted to hear a suo motu case regarding the delay in Punjab and Khyber Pakhtunkhwa (KP) elections has been dissolved after four judges dissociated themselves from hearing the case.
A nine-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, Justice Athar Minallah, and Justice Muhammad Ali Mazhar, was formulated to hear the case today, but before the hearing started, four honorable judges separated themselves from the bench.
A new five-member bench will hear 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.
Justice Yahya Afridi said in a dissenting note that the matter of general elections is under hearing in the Peshawar and Lahore High Courts.
Justice Mansoor Ali Shah has written in his note that the two most senior judges of the Supreme Court were not included in the judicial bench.
It is pertinent to mention here that major ruling political parties are seeking the recusal of Justice Ahsan and Justice Naqvi from the larger bench.
Whereas, Justice Ahsan, Justice Naqvi, Justice Minallah, and Justice Yahya Afridi have recused themselves from hearing the case.
As the proceedings commenced, Chief Justice Bandial said that the court "wishes to run things according to the constitution." "The court will continue to hear the case for the sake of the interpretation of the constitution," he added.
The chief justice was also concerned that Justice Mandokhail's dissenting note was being circulated prematurely on social media.
"Until the order is published on the [official] website, it cannot be shared," said Chief Justice Bandial.
A nine-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, Justice Athar Minallah, and Justice Muhammad Ali Mazhar, was formulated to hear the case today, but before the hearing started, four honorable judges separated themselves from the bench.
A new five-member bench will hear 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.
Justice Yahya Afridi said in a dissenting note that the matter of general elections is under hearing in the Peshawar and Lahore High Courts.
Justice Mansoor Ali Shah has written in his note that the two most senior judges of the Supreme Court were not included in the judicial bench.
It is pertinent to mention here that major ruling political parties are seeking the recusal of Justice Ahsan and Justice Naqvi from the larger bench.
Whereas, Justice Ahsan, Justice Naqvi, Justice Minallah, and Justice Yahya Afridi have recused themselves from hearing the case.
As the proceedings commenced, Chief Justice Bandial said that the court "wishes to run things according to the constitution." "The court will continue to hear the case for the sake of the interpretation of the constitution," he added.
The chief justice was also concerned that Justice Mandokhail's dissenting note was being circulated prematurely on social media.
"Until the order is published on the [official] website, it cannot be shared," said Chief Justice Bandial.