ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday constituted a four-member bench to hear PTI’s petition against delay in Punjab and Khyber Pakhtunkhwa elections – hours after Justice Amin-Ud-Din Khan recused himself from the five-member bench that was hearing the case.
As per the Supreme Court, the bench will resume hearing of the case at 11:30am today (Friday) without Justice Amin-Ud-Din. Justice Amin-Ud-Din Khan in his remarks said he cannot hear the case after previous day’s decision by a three-member bench headed by Justice Qazi Faez Isa.
After remarks of the honourable justice, the other four members of the bench left the courtroom and the bench was dissolved.An SC bench headed by Justice Qazi Faez Isa on Wednesday ordered the postponement of cases being heard under Article 184(3) of the Constitution till the amendments made in the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice to form benches.
Justice Amin-Ud-Din concurred with Justice Isa while Justice Shahid Waheed dissented with the majority order of 2-1 in a suo moto case regarding the grant of 20 marks to Hafiz-e-Quran students while seeking admission to MBBS/BDS Degree under Regulation 9(9) of the MBBS and BDS (Admissions, House Job and Internship) Regulations, 2018.
At the outset of Thursday’s hearing, when the five-member bench came to the courtroom, CJP Umar Ata Bandial said Justice Amin wanted to say something. “I recuse myself from the instant case in light of SC order issued by Justice Qazi Faez Isa,” the judge stated.
The original bench comprised CJP Bandial, Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din, and Justice Jamal Khan Mandokhail.The PTI moved the apex court following the ECP decision to postpone the Punjab polls from April 30 to October 8 after financial and security authorities expressed their inability to support the electoral process.During Wednesday’s hearing, Justice Mandokhail debated the merits of the case as the order of the court was yet to be issued by the Supreme Court.
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