Another judge recuses himself from hearing polls delay case

The CJP disregarded a judicial order by other judges; SC Registrar says order violates rules by five-member judgement


Hasnaat MalikMarch 31, 2023
Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS/Akhtar Soomro

ISLAMABAD:

The bench hearing the Pakistan Tehreek-e-Insaf’s (PTI) plea against delay in Punjab polls was disbanded again on Friday after Justice Jamal Khan Mandokhail recused himself.

Earlier, the bench was dissolved after Justice Aminuddin Khan had recused himself, stating he was a signatory to an order issued by a different bench. He had proposed the postponement of all cases instituted under Article 184(3) of the Constitution.

However, earlier today, a new four-member bench was formed excluding Justice Khan.

Justice Mandokhail said that yesterday's order – which stated that the remaining SC bench disagreed with Justice Aminuddin and considered that the hearing and proceedings in the petition remained unaffected – was passed without his consultation, therefore, he was a 'misfit' on the bench.

In a handwritten note on the order, Justice Mandokhail said that “the order was not dictated in the court, nor was I consulted by the honourable chief justice".

“However [the] impact of the judgement requires consideration in court,” he added.

Chief Justice of Pakistan (CJP) Umar Ata Bandial said that they would shortly pass an order about the composition of a new bench.


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