ISLAMABAD: The three main political parties of the Pakistan Democratic Movement (PDM) on Saturday requested the Supreme Court to constitute a bench comprising all the judges except Justice Ijaz-ul-Ahsan and Justice Mazahir Ali Akbar Naqvi, which On delay in hearing, automatically notice to hear the case. Elections in Punjab and Khyber Pakhtunkhwa.
Pakistan Muslim League-Nawaz, Pakistan People’s Party and Jamiat Ulema-e-Islam through their respective advocates filed a joint petition in the Supreme Court under Order XXXIII Rule 6 of the Supreme Court Rules 1980.
The other day, Farooq H Naik read out the joint statement of the three coalition parties in the court during the hearing of the Somoto case, demanding the recall of the two judges from the nine-judge bench in the interest of justice, fair play. , and to protect the fundamental right to a fair trial and due process.
The three parties recalled that during the in-house hearing on February 23, Justice Jamal Khan Mandukhel of the bench read out his note in the open court and objected to the effect that the two-member bench had already given a definite opinion on it. It’s done. As stated in the order dated February 16, 2023, this would amount to violation of Article 10A rights of the parties.
He also said that Justice Mandukhel had said that it was not appropriate to refer the matter to the Chief Justice of Pakistan under Article 184(3) of the Constitution and that suo motu action was not permissible.
The three PDM parties further submitted that the situation “raised several questions of utmost legal, constitutional and public importance”, adding that Justice Mandukhel’s observations also had “significant implications” regarding the manner in which suo motu powers are exercised. Constitutional questions have been raised”. Under Article 184(3) of the Constitution.
“Consequently, a bench comprising all the judges of the Supreme Court except Justice Ijaz-ul-Ahsan and Justice Mazahar Ali Akbar Naqvi (who had already expressed their mind in the instant matter) heard the petitions titled in the interest of justice and fairness. should be formed for.” the allied parties argued.
On Friday, a nine-member bench of the Supreme Court headed by Chief Justice Umar Atta Bandial adjourned the hearing of the automatic notice case till February 27, saying that the court will examine all the questions raised in the petitions filed by the Islamabad High Court Bar Association. will take President and Speaker of Punjab and Khyber Pakhtunkhwa Assemblies.
The chief justice also said that the court would consider the objections raised against the constitution of the full court and the two bench members on Monday (February 27).
