ISLAMABAD:
The five-member bench of the Supreme Court (SC) hearing the Pakistan Tehreek-e-Insaf (PTI)’s plea challenging the Election Commission of Pakistan (ECP)’s decision to postpone polls to the Punjab Assembly was dissolved on Thursday.
Justice Aminuddin Khan recused himself from hearing the petition on account of yesterday’s order wherein it was held that the hearing of all cases under Article 184(3) of the Constitution be postponed until amendments in Supreme Court Rules, 1980, regarding the discretionary power of the chief justice of Pakistan (CJP) to form special benches.
The bench will be reconstituted after his recusal.
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As the proceedings presided over by CJP Umar Ata Bandial began, Justice Khan said “I recuse myself from hearing this case after yesterday’s verdict.”
Justice Jamal Khan Mandokhail also wanted to say something but the bench suddenly left the courtroom after Justice Khan’s recusal.
A day earlier, the National Assembly had unanimously passed the Supreme Court (Practice and Procedure), Bill 2023 — aimed at curbing the top judge’s suo moto powers in an individual capacity.
The bill suggested that a committee comprising three senior-most judges of the apex court would decide on the suo motu notice, while there would be a right to file an appeal within 30 days of the suo motu decision.
The appeal has to be fixed for hearing within 14 days of filing and after the taking of a suo motu notice, the hearing will be conducted by a three-judge bench, the bill added.
It continued that the decision of the majority in the matter would be acceptable to all.
After the passage of the law, no decision of the SC or high court, or any other legislation would be able to affect it.
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Under the additional amendments, the right of appeal would be available in pending cases, while the bench constituted on constitutional as well as legal matters would comprise at least five judges.
Following the passage of the bill, the country’s top court held that all cases that various Supreme Court benches are hearing under Article 184(3) of the Constitution be postponed until amendments are made in the Supreme Court Rules, 1980, regarding the discretionary powers of the CJP.
A three-judge special bench of the apex court had issued the order with a vote of 2 to 1 while hearing a suo motu case related to the grant of 20 additional marks to a Hafiz-e-Quran student seeking admission to MBBS or BDS programmes.
It is pertinent to note that during the hearing of the case yesterday, Justice Bandial had observed that the ECP had no right to postpone the Punjab Assembly elections.
Source link: https://tribune.com.pk/story/2408948/scs-five-member-bench-hearing-polls-delay-case-dissolved