Taking suo motu notice is my prerogative: CJP

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Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked that taking suo motu notice is his prerogative.

He gave these remarks while presiding over a 9-member larger bench of Supreme Court (SC) during the course of hearing of suo motu notice with reference to determination of date for polls in Punjab and KP assemblies here Friday.

The allied parties of government objected over inclusion of two judges in bench.
Counsel for PPP Farooq H Naik raised objection over two judges of bench

Justice Athar Minallah opined full court should be constituted to hear the matter after objections against two learned judges included in the bench have been raised.

The other members of bench are 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, is hearing the case.
Mansoor Awan counsel for PML-N told the court the copy of order has not become available so far.

CJP remarked objective behind assembling today here was that all should come to know. I am very happy to see the counsels of all respondents in the court.

Counsel for PPP Farooq H Naik while raising objection over bench said we have also not received notice. It is requested all should be issued notices. We have objection over two judges of this bench including Justice Ijaz ul Ahsan and Justice Mazahir Naqvi. These two judges should not sit in bench.

JUI-F, PML-N and Pakistan Bar Council also raised objection over two judges.

The CJP while addressing Farooq H Naik remaked today attendance of all be marked today first of all. We will hear all on Monday. Supreme Court bar should represent itself through some other lawyer. His secretary is appearing in the court on behalf of president. It seems as if we have issued notice to all political parties. All are present.

Mustafa Ramday counsel for governor Punjab appeared in the court.

During the hearing of the case Farooq H Naik read out the joint statement of PML-N, PPP and JUI-F.

Farooq H Naik while taking the matter ahead said Justice Ijaz ul Ahsan and Justice Mazahir should recuse them from the bench after justice Mandokhail note.

PPP counsel said these two judges should not hear any case against PML-N and JUI-F. The suo motu notice was taken at the behest of these two judges. Therefore, these two judges should recuse from the bench. Question is this can suo motu notice be taken this way. I make it clear there are no personal reasons in this regard.

Justice Ijaz and Justice Mazahir should recuse themselves from bench under the right to fair trial.

Justice Athar Minallah inquired will it not be appropriate a full court should hear the case.

Farooq H Naik said it is requested to CJP to refer the matter to full court. I want to read two paragraphs from the suo motu notice of the court. It was asked to take suo motu notice of the case of Mr Dogar. The statement of Justice Jamal Mandokhailb which was read in the court is alarming. In this case proposal has come from within the bench to place the matter before full bench.
CJP remarked we will talk about maintainability of the case first of all.

Farooq H Naik said people have not come before the court in this case. It will be better for justice that these two respected judges should not sit in the bench.

Justice Jamal Mandokhail remarked political matters should be resolved in the parliament. Ask your parties why the court should hear this matter. Why the matter of polls in 9o days is not resolved in the parliament.

Farooq H Nail said he will seek directives from his party on this matter.

The CJP while addressing Farooq H Naik remarked application had come before us prior to taking suo motu notice. We saw several events including giving of date by the president. I felt that the constitution is knocking the door of court itself. We will hear you further on Monday.

The court adjourned the hearing of the case till Monday February 27.