Three-member SC bench resumes hearing PTI petition against polls delay
ISLAMABAD: Following the recusal of Justice Jamal Khan Mandokhail and Justice Aminuddin, a three-member Supreme Court (SC) bench headed by Chief Justice of Pakistan Umar Ata Bandial has resumed hearing the PTI plea against the Election Commission of Pakistan (ECP) decision to delay polls in Punjab and KP, ARY News reported on Friday.
The three-member bench includes CJP Umar Ata Bandial, Justice Ijaz Ul Ahsan and Justice Munib Akhtar.
The bench was disbanded for the second time today as the original five-member top court bench was dissolved following the recusal of Justice Jamal Khan Mandokhail while Justice Aminuddin Khan withdrew himself from the Supreme Court bench a day earlier.
As soon as the proceeding began, Justice Mandokhail recused himself from the case. Justice Mandokhail said that despite being a member of the bench, he wasn t consulted regarding the formation of the new bench.
SC sets aside Justice Faez Isa’s ruling
The Supreme Court (SC) office on Friday rejected Justice Qazi Faez Isa s observation regarding suo moto notices hearing.
On Wednesday, a three-member bench of the Supreme Court ordered to adjourn the hearing of cases of constitutional importance and suo motu notices.
A three-member bench of the court issued the order in a case of giving grace marks to Hafiz-e-Quran. The nine-page decision was written by Justice Qazi Faiz Isa, while Justice Shahid Waheed dissented from the decision.
“Justice Qazi Faez Isa used suo moto powers in judgment,” the SC Registrar Office said in a circular and added the judgment of Justice Isa and Justice Aminuddin does not apply to the larger bench hearing cases related to 184/3.
The SC while rejecting the decision of a three-member bench in a case of giving extra marks to Hafiz-e-Quran, turned down Qazi Faez Isa s ruling in the case.
It may be noted that initially, a five-member bench was hearing PTI s plea against the postponement of elections in Punjab by the Election Commission of Pakistan.
Punjab and KPK assemblies speakers Sibtain Khan and Mushtaq Ghani have filed a joint constitutional petition on behalf of the Pakistan Tehrik-i-Insaf.
The petition
PTI had challenged the election commission s decision to change the date of election in Punjab and KP. Punjab and KPK assemblies speakers Sibtain Khan and Mushtaq Ghani have filed a joint constitutional petition on behalf of the Pakistan Tehrik-i-Insaf
The federation, Punjab and KPK were made parties along with the ministry of parliamentary affairs, ministry of law and the cabinet in the PTI petition
In the petition, PTI sought directions for the federal government to ensure law and order, provisions of funds and security personnel as per the ECP s need to hold the elections.
It also requested the court to direct the Khyber Pakhtunkhwa governor to announce the date for elections to the provincial assembly.
