ISLAMABAD
Supreme Court (SC) has rejected the plea for conducting immediate hearing of appeal in connection with abolition of disqualification of PTI founder Imran Khan.
The court has made this decision being the bench incomplete.
The court has remarked no bench less than 3 members can hear this appeal plea. May be some larger bench is constituted in this case.
In level playing field case and suspension of decision of PTI Toshakhana case in SC, Justice Athar Minallah remarked there are very serious allegations in your petition.
Latif Khosa counsel for Imran Khan said had the case been registered in time then there would not have been so much emergency today.
Tosha Khana decision suspension case and level playing field case came up for hearing before SC Wednesday.
A two members bench of SC presided over by acting Chief Justice of Pakistan (CJP) Sardar Tariq Masood heard the case.
The lawyers of PTI appeared in the court.
Counsel Latif Khosa said two petitions have been filed in SC. Request has been made for suspension of decision against PTI founder. Contempt of court petition has been filed in the matter of level playing field.
The Acting CJP Sardar Tariq Masood remarked we obtain the information from the office about both the petitions.
Counsel Latif Khosa said file was snatched from my staff in SC compound. They were threatened.
The acting CJP remarked this matter will be seen on administrative side. There is no constitutional issue therein which should be fixed in court.
Latif Khosa said this is denial to access to justice.
Justice Athar Minallah remarked there are several allegations in your petition.
Latif Khosa said had the case been registered timely then there would not have been so much emergency today.
Counsel Shahbaz Khosa came on rostrum after completion of routine cases and said the petition seeking abolition of disqualification in ToshaKhana case be fixed before 3-member bench.
Justice Tariq remarked only two judges are available now in Islamabad. At least three members bench should hear Toshakhana case. Hearing Toshakhana disqualification this week is impossible.
Justice Athar Minallah remarked the sentence is not suspended due to suspension of decision about disqualification. The petition before us is that when decision of Toshakhana case has been suspended then sentence should also be suspended. There is no such judicial precedent in history of Pakistan that sentence was abolished due to suspension of decision.
Counsel Shahbaz said sentence of Makhdoom Javed Hashmi was abolished alongwith decision. The entire nation is seeing this case wherein PTI founder was disqualified for three years. The court should see how Hummayun Dilawar held hearing five times in a day and awarded punishment.
Justice Athar remarked you have come with such application of which there is no precedent in the history of Pakistan.
Justice Tariq remarked a two members bench can dismiss your petition. Two members bench cannot give interim relief to you because it is decision of division bench of high court. May be this case relates to important points and a five members bench may hear it. Qazi Faez Isa will come in the next week too.
The counsel said the court can form the bench by calling the judges just now.
Justice Tariq Masood remarked judges are not available here.
