ISLAMABAD: The three-member bench of the Supreme Court of Pakistan Friday rejected the request of the attorney general and Pakistan bar council for larger bench Punjab and Khyber Pakhtunkhwa election delay case. The court adjourned the hearing till Monday morning.
Chief Justice Umar Ata Bandial, along with Justice Munib Akhtar and Justice Ijazul Ahsan, heard the petition after Justice Jamal Khan Mandokhail recused himself from the hearing disbanding the four-judge bench.
The Chief Justice suggested that the proceedings could be paused temporarily if the government and the opposition agreed to engage in dialogue for solution of the current crisis. He also stated that the Constitution is the spirit of democracy and that the judges of the apex court were being targeted.
After the hearing resumed, Pakistan Bar Council Executive Committee Chairman Hassan Raza Pasha came to the rostrum to speak up and urged the court to form a full bench on the case. However, CJP Bandial said that they will hear the bar later. But Pasha stated that the bar was not in support or against anyone. He added that if a full-court bench could not be made then a full-court conference should be summoned. “We are thinking about this,” said CJP. He added that the relations between the judges were fine.
The top judge also stated that the media at times would also say things which were not true. “I will hold some meetings after the hearing. It is expected that Monday’s sun will rise with good news,” remarked the CJP.
The Attorney General also urged the court to form a full bench to hear the case, but the CJP noted that certain factors had to be reviewed before constituting the full bench. He added that they did not want to affect the proceedings of other cases pending with the apex court. The Attorney General also informed the SC that Pakistan was facing a deficit of billions of rupees and it was difficult to go for elections in these challenging times.
Furthermore, the four-member bench was dissolved after Justice Jamal Khan Mandokhail recused himself from hearing the case.
The new bench was then constituted, comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, and Justice Jamal Khan Mandokhail. This came after the five-member bench was disbanded due to the recusal of Justice Aminuddin Khan. The case was filed by former Prime Minister Imran Khan’s party against the Election Commission of Pakistan’s (ECP) order to postpone the Punjab polls until October 8, citing security and financial constraints as reasons for the deferment.
In his dissenting note, Justice Mandokhail stated that yesterday’s order “was not dictated in the court nor was I consulted by the chief justice. “As the order was passed without my consultation, I felt unfit to be on the bench.” During the hearing, the Chief Justice interrupted Justice Mandokhail and left the courtroom, followed by the other members of the bench.
