In an unexpected development, five judges of the Supreme Court \u2014 instead of a nine-member bench \u2014 on Monday resumed hearing the suo motu proceedings regarding the delay in the announcement of a date for elections in Punjab and Khyber Pakhtunkhwa. The hearing began after two delays in its scheduled timings of 11:30am and 12:30pm.
\nThe bench, which previously included nine SC judges, has been reconstituted to a five-member bench after four judges \u2014 Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Athar Minallah \u2014 disassociated themselves.
\nAt the previous hearing, the coalition parties \u2014 PML-N, PPP and JUI-F \u2014 had presented a note in the apex court asking two SC judges, Justice Ahsan and Justice Naqvi, to recuse themselves from the case.
\nThe parties had further said that the two judges should never be part of any bench hearing any case involving these three parties and their leadership.
\nOn Saturday, the coalition government petitioned the Supreme Court for the formation of a full court \u2014 comprising all judges except Justice Ahsan and Justice Naqvi \u2014 to conduct the suo motu proceedings.
\nThe joint petition, filed by senior counsel Farooq H. Naek, Mansoor Usman Awan and Kamran Murtaza on behalf of the PPPP, PML-N and JUI-F, respectively, says the prayer has been made \u201cin the best interest of justice and to strengthen the people\u2019s confidence in the Supreme Court\u201d.
\nIt is imperative that the full court \u2014 minus the two judges, who have already disclosed their minds in the matter \u2014 be constituted to hear the case in the interest of justice and fairness, contends the petition, which has been moved under Order 33 Rule 6 of the Supreme Court Rules 1980.
\nThe petition argued that when the case was taken up by the nine-judge bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial on Feb 23, Justice Jamal Khan Mandokhail read out a note and raised objections to the effect that since the two-member bench consisting of Justice Ahsan and Justice Naqvi had already rendered a definite opinion on the issue as recorded in the court\u2019s Feb 16 order, it would amount to a violation of Article 10A if they remain part of the larger bench.
\nJustice Mandokhail, the ruling parties recalled, had further stated that it was not appropriate to refer the matter to the CJP under Article 184(3) and that the suo motu action taken by the latter was not justified. Later, the Supreme Court on the same date issued notices to the relevant stakeholders and that the applicants appeared before the court on Feb 24 through their counsel and read a joint statement, seeking the recusal of Justice Ahsan and Justice Naqvi from any matter involving the PPPP, PML-N and JUI-Pakistan and their leadership.
\nAccording to the petition, these circumstances have raised several questions of immense legal, constitutional and public importance as recorded in the CJP\u2019s note while invoking suo motu jurisdiction.
\nLast week, the top judge took suo motu notice of the delay in holding polls in Punjab and Khyber Pakhtunkhwa, saying that there appeared to be a \u201clack of clarity\u201d on the matter.<\/p>\n","protected":false},"excerpt":{"rendered":"
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