ISLAMABAD: The Supreme Court Wednesday adjourned the hearing of PTI’s petition against delay in election in Punjab and Khyber Pakhtunkhwa till tomorrow as Justice Jamal Mandokhel clarified that his remarks about internal mater were related to benches not the suo motu case decision.
When the five-member bench, headed by Chief Justice Umar Ata Bandial, resumed the hearing of the case, Justice Jamal Khan Mandokhel said that his yesterday’s remarks had created confusion about the court decision of March 1. He said that he still stood by his decision that March order was given with 4-3 majority which had rejected the suo motu notice.
Justice Mandokhel during hearing asked the counsel for ECP to show him the order of the court, which the commission implemented or violated. He said that the March 1 order was not signed by the members of the bench as the decision was with 4-3 majority. The order of the court has not been issued by the court.
Muslim League-N, People’s Party, and JUI-F filed a separate petition to become a party in the case.
Justice Mandokhel also raised questions regarding how the President announced the date of the elections and how the Election Commission consulted for the elections, when no order of the court was issued.
He further stated that they can check the file of court’s records, it doesnt have the order of the court. “An order of the court is signed by all the judges,” Justice Mandokhail declared.
Muslim League-N, People’s Party, and JUI-F filed a separate petition to become a party in the case. PPP’s lawyer Farooq H. Naik suggested that a full court should be formed after Justice Jamal’s remarks. However, Justice Jamal countered this suggestion and said that the same 7 judges should sit in the bench.Farooq H Naik urged the court to first decide whether it was a 4/3 decision or a 3/2 decision, as the whole nation is in confusion. The chief justice asked the PPP lawyer to submit written application, then the court could look into their request.
“[We] will decide this matter when there is a petition,” the chief justice said while announcing that the court will hear ECP’s arguments first.
During the hearing, the lawyer for the Election Commission, Irfan Qadir, said that today was his first appearance and there was a procedure, so he questioned why the court was in such a hurry. The Chief Justice of Pakistan directed him to argue his case if there were no documents, as he was superseding another lawyer.
CJP Bandial remarked that Hamid Ali Shah and Sajeel Swati had appeared on behalf of ECP in the previous hearing. At this, Qadir left the courtroom, with Swati proceeding to the rostrum for arguments.
The advocate general of Punjab also presented his arguments. The court adjourned the hearing till Thursday morning.
