WTP Report
ISLAMABAD : A five-member bench of the Supreme Court of Pakistan hearing a case regarding delay in elections in Punjab and Khyber Pakhtunkhwa was dissolved on Thursday after Justice Aminuddin Khan rescused himself from the bench.
Originally, a bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Aminuddin Khan and Justice Jamal Khan Mandokhail, was hearing the petition filed by the Pakistan Tehreek-e-Insaf (PTI).
As today’s hearing was resumed, CJP Bandial said Justice Khan wanted to say something. Later, Justice Khan said he could not be part of the bench after his yesterday’s verdict regarding suo motu cases.
He was part of the three-member bench which on Wednesday ordered suspending proceedings on ongoing suo motu notices until rules for the procedure were made. The bench, headed by Justice Qazi Faez Isa, had issued the verdict on a suo motu notice taken on awarding 20 extra marks to Hafiz-e-Quran in the MBBS/BDS admissions. The verdict had been issued with 2-1 majority as Justice Shahid Waheed wrote a dissenting note, stating the verdict was issued on matters that were not raised before the court.
According to the ruling, the Constitution does not grant unilateral and arbitrary power to the chief justice to list cases for hearing and form special benches by picking judges.
“The Constitution does not grant to the Chief Justice unilateral and arbitrary power to decide the above matters. With respect, the Chief Justice cannot substitute his personal wisdom with that of the Constitution. Collective determination by the Chief Justice and the Judges of the Supreme Court can also not be assumed by an individual, albeit the Chief Justice,” reads the ruling.
“The interest of citizens therefore will be best served to postpone the hearing of this case, and of all other cases under article 184(3) of the Constitution, till the matters noted hereinabove are first attended to by making requisite rules in terms of article 191 of the Constitution,” it added.
The top court will now resume hearing the elections case after costitution of the new bench.
Former prime minister Imran Khan’s party had challenged the Election Commission of Pakistan’s (ECP) order to put off the Punjab polls till Oct 8. The electoral body had cited security and financial constraints as reasons to defer the elections.
In a concurrent development, the federal government on Wednesday approved the Supreme Court (Practice and Procedure) Bill 2023 in the National Assembly, clipping powers of chief justice of Pakistan.
The March 1 verdict of the top court came under debate during Wednesday’s hearing as Justice Mandokhal and Justice Munib Akhtar came at odds over validity of the ruling.
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