It has been decided that the new branch of the Supreme Court will hear the election case on Friday.
The five-judge bench of the Supreme Court of Pakistan hearing cases related to the delay in elections in Punjab and Khyber Pakhtunkhwa provinces was dissolved on Thursday after Justice Aminuddin Khan appeared.
The court, which was initially presided over by Chief Justice Umar Atta Bandial and comprised of Justices Ujzar Afsan, Muneeb Akhtar, Aminuddin Khan and Jamal Khan Mandil, was presented by Pakistan Insaf Telekom (PTI).
When the hearing resumed today, CJP Bandial said that Justice Khan had something to say. Justice Khan then said that he could not sit on the bench after yesterday’s verdict in the suo motu case.
He was among the three at Wednesday’s hearing that ordered the suspension of Sumoto’s ongoing notification process pending the issuance of procedural rules. Judge Shahid Vahid wrote a dissenting opinion and the decision was issued with a majority of 2 to 1.
According to this verdict, the constitution does not give the president of the court unilateral and arbitrary authority to list cases for trial and to form special courts with the selection of judges.
“The Constitution does not give the Chief Justice unilateral and arbitrary authority to decide the above matters. With respect, the Chief Justice must substitute his personal wisdom for the Constitution.” No, the collective decisions of the president and judges of the Supreme Court cannot be made by a single person, even if it is the head of the judiciary.
He added: Therefore, it is in the interest of the public that the consideration of this case and other cases be postponed according to paragraph 3 of Article 184 of the Constitution and Article 191 of the Constitution.
