Chief Justice of Pakistan Justice Umar Ata Bandial has shot down the proposal to constitute full court for hearing PTI appeal against delay in holding elections in Punjab and Khyber Pakhtunkhwa as another judge quit the bench, reported 24NewsHD TV channel.

After summoning defence and finance secretaries, the Chief Justice adjourned the hearing until Monday (April 3).

A three-judge bench headed by CJP Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar resumed the hearing of the case after a pause of more than a couple of hours on Friday afternoon following the dissolution of four-member bench when Justice Jamal Khan Mandokhail recused himself earlier in the day.

During hearing of the PTI appeal against the ECP’s decision to defer polls in Punjab and Khyber Pakhtunkhwa, CJP Bandial declared that there was no law or regulating which allows constitution of a full court. “One can file an application urging full court formation,” he added.

Earlier in the hearing, CJP Bandial hinted that he is thinking to form a full court on the case. 

At the outset of the proceedings, when Pakistan Bar Council Chairman Hassan Raza Pasha tried to present his arguments and said that the PBC has no affiliation with any political party, the CJP said that the court would hear him later. 

The PBC chairman, however, said that if the court could not form a full court then it should summon a full court session. 

On this, the CJP remarked, “We are thinking about full court”. He said that there is agreement among the Supreme Court judges.

Country's top judge said that today and yesterday, two judges recused themselves from hearing the case. He said that political matters came under discussion, and press conferences added fuel to the fire. “But the Supreme Court has exercise restraint,” he added.

CJP Bandial continued that people are criticizing different judges. “We are looking into this matter as well,” he added. 

He said that ‘our consultation with the Bar Council on some points is vital’. He asked the PBC Chairman to meet him in the chamber. He said that the SCBC President was in contact with him. 

He said he would hold some important meetings after the hearing. He hoped that Monday’s sun would bring new cheerful tidings. 

The CJP remarked that media sometimes said wrong things. But the court always shows patience. He said “We are bound to follow the constitution. We are among those who had been house-arrested.” The top judge went on to say that he is only talking about the implementation of the Constitution. 

He repeated that it is written in the constitution to hold elections within 90 days. 

Addressing the attorney general for Pakistan, the chief justice said that he could raise whatever point he wanted to raise. 

AGP Mansoor Usman Awan said that the court directed the parties to follow the circumstances in some cases. He requested the court to first lower the temperature. “Rather the temperature should be brought down in the country,” he added. 

The CJP inquired of him what steps he has taken to lower the temperature. 

The AGP said that it would be lower with the passage of time. 

Chief Justice of Pakistan Bandial remarked that the court has always preferred Constitution. “Judges were thrown out of their offices and they were house-arrested. It’s a miracle that judges came back. In 1990s, many judges could not return. We have to keep alive the constitution and democracy. Those who were in jails yesterday, they are making speeches in assemblies today. It’s because they are public representatives.”

The chief justice remarked that assembly has a fixed tenure but the leader of the house has the authority to dissolve it. 

The CJP said that the 90-day period is expiring in April.

Justice Mandokhail exits

A fluid situation prevailed in the Supreme Court Friday when its newly formed four-judge bench dissolved after one of its members Justice Jamal Khan Mandokhail recused himself from the bench which was set to resume hearing the PTI petition in the morning challenging the ECP decision to postpone elections in Punjab and Khyber Pakhtunkhwa.

Moments later Justice Mandokhail refused to become part of the SC bench, Chief Justice of Pakistan Umar Ata Bandial reconstituted the bench for the third time. 

As the proceedings set into motion on Friday, Chief Justice of Pakistan Justice Umar Ata Bandial stopped Attorney General of Pakistan Mansoor Usman Khan from continuing his arguments, saying Justice Jamal Khan Mandokhail wanted to say something.

Upon which Justice Mandokhail said that he was not consulted on the order which the Supreme Court issued on Thursday regarding court proceedings. He said he is recusing himself from hearing the case. 

Justice Mandokhail was part of the four-member bench constituted by CJP Bandial and the cause list for which was issued by the apex court earlier today. 

The apex court issued the written order of yesterday’s proceedings. Justice Mandokhail, however, has written a dissenting note.  

In his dissenting note, he said “the order about case hearing was neither written in the court nor was I consulted on it”. 

He opined that Justice Qazi Faez Isa’s decision should be heard in the open court. He further said "I think I am 'misfit' on the bench."

SC sets aside Justice Qazi Faez Isa’s order

According to the Supreme Court circular, the order to stop the proceedings of the cases being heard under Article 184/3, does not apply to the larger bench. 

The circular further states that Justice Qazi Faez Isa and Justice Aminuddin Khan’s decision is not applicable to other benches. 

The decision (by two judges) was made against the petition which was about awarding 20 extra marks to Hafiz Quran, the SC circular added.

Cause list 

Earlier, the SC registrar issued a cause list in which the apex court retained four judges of the five-member bench.  

According to a supplementary cause list issued by the SC registrar today, the new bench included four judges i.e. Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar and Justice Jamal Khan Mandokhail

But moments later, Justice Mandokhail recused himself from the bench.   

Bench's reconstitution 

Yesterday, the five-judge bench of the Supreme Court hearing the case pertaining to deferring the elections in Punjab and Khyber Pakhtunkhwa was dissolved after one of the justices refused to hear it. 

However, hours after Justice Aminuddin Khan recused himself from the bench, the SC said that a new bench would take up the case on Friday (today) at 11:30am.

While refusing to hear the case, Justice Khan referred to a judgement, authored by himself and Justice Qazi Faez Isa, issued on Wednesday, noting that the chief justice of Pakistan did not have the power to make special benches or decide its members, and said that all hearings based on suo motu notices and cases of constitutional significance — under Article 184(3) — should be postponed until they are legislated upon.

The original 5-judge larger bench of the SC was headed by Chief Justice of Pakistan Umar Ata Bandial and comprised of Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Jamal Khan Mandokhail and Justice Aminuddin Khan.

The bench, so far, has conducted three hearings on the PTI petition challenging the Election Commission of Pakistan’s decision to postpone elections to the Punjab and KP assemblies. 

PM Shehbaz summons AGP 

Prime Minister Shehbaz Sharif on Friday again summoned Attorney General for Pakistan Mansoor Usman for the third consecutive day to hold consultation over Supreme Court’s proceedings on the Punjab and Khyber Pakhtunkhwa poll delay case. 

The AGP has left for the PM House to call on the premier. 

Chief Justice of Pakistan Umar Ata Bandial had earlier directed the AGP to get instructions from Prime Minister Shehbaz on the matter.

Reporter Amanat Gishkori