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The bench of the Supreme Court of Pakistan, which was hearing the automatic notification for holding elections in the province of Punjab and Khyber Pakhtunkhwa, has dissolved.
Headed by Chief Justice of Pakistan Justice Umar Attabandial, Justice Ijaz-ul-Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi, Justice Jamal Mandukel, Justice Muhammad Ali Mazhar and Justice Atarmanullah they had to hear the bench. Before the hearing started, 4 honorable judges separated from the bench. Justice Ijazul Ahsan, Justice Mazahir Akbar Naqvi, Justice Yahya Afridi, Justice Attar Minullah excused themselves to join the bench.
The Supreme Court issued a written order for the hearing on February 23. The order sheet includes the dissenting note of Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Attar Manullah and Jamal Khan Mandukel.
Justice Yahya Afridi said in a dissenting note that the issue of general elections was subject to hearing in the Peshawar and Lahore High Courts.
Justice Mansoor Ali Shah wrote in his note that the two senior-most judges of the Supreme Court were not included in the bench.
On the last page of the written order, it is written that after the disagreement of four judges, the matter has been referred to the Chief Justice to reconstitute the bench.
When the hearing began, in courtroom no. 1 5 judges entered including the Chief Justice of Pakistan.
The Chief Justice observed that 4 Honorable Members had resigned from the Bench. The remaining bench of the court will continue hearing the case. The court will continue with the hearing on the interpretation of the constitution.
A 5-member bench headed by Chief Justice of Pakistan Justice Umar Atta Bandial is hearing the case.
Apart from the Chief Justice, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Jamal Khan Mandukel and Justice Mohammad Ali Mazhar are presiding over the hearing.
Justice Umar Atta Bandial observed that what the Constitution says is subject to interpretation.
The chief justice noted that he could not issue the order until it was on the website, Justice Jamal Mandukel’s note appeared on social media ahead of the order. Care will be taken to ensure that such an incident does not occur in the future.
During the last hearing on Friday, the lawyer of the ruling coalition Farooq H. The lawyer said he had an objection to the addition of 2 judges to the bench. Eyazul Ahsan and Justice Mazahir Naqvi resigned from the bench. They should not sit on the bench. Our leaders decided to resist.
Farooq H.
A request was also made by the People’s Party, Muslim League-N and Jamiat Ulema-e-Islam to constitute a larger bench to hear the case.
In an earlier hearing, the chief justice said he would hear objections to the judges on Monday. And the arguments will be heard even if the matter is disputed.
Justice Attar Manullah and Justice Mansoor Ali Shah questioned the procedure for dissolving the provincial assemblies.
It should be noted that on February 22, the Chief Justice of Pakistan took notice of the Khyber Pakhtunkhwa and Punjab election issue.
A 9-member larger bench was also constituted to hear the suo motu notice.