ISLAMABAD
A three-member new Supreme Court of Pakistan 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.
Following the recusal of Justice Jamal Khan Mandokhail and Justice Aminuddin, the three-member bench headed by CJP Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar 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.
During hearing of the PTI appeal against the ECP’s decision to defer polls in Punjab and Khyber Pakhtunkhwa, CJP Bandial declared that there was no law or regulating which allows constitution of a full court. “One can file an application urging full court formation,” he added.
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.
After summoning defence and finance secretaries, the Chief Justice adjourned the hearing until Monday (April 3).
