Punjab, KP polls: SC bench dissolved as Justice Aminuddin Khan recuses
In a surprising turn of events, the Supreme Court’s (SC) five-member bench hearing the case regarding delay in the elections in Punjab and Khyber-Pakhtunkhwa (KP) has been dissolved after Justice Aminuddin Khan recused from it.
Justice Aminuddin Khan cited yesterday’s order to make his decision.
The case hearing would resume tomorrow (Friday) at 11:30 am with the remaining four members of the bench.
On Wednesday, a top court bench headed by Justice Qazi Faez Isa ordered to adjourn the hearing of cases of constitutional importance and suo motu notices.
A three-member bench of the court issued the order in a case of giving grace marks to Hafiz-e-Quran. The nine-page decision was written by Justice Qazi Faiz Isa, while Justice Shahid Waheed dissented with the decision.
The judgment written by Justice Isa stated that the Constitution and the law do not allow the chief justice to constitute a special bench. There are rules governing petitions filed under Article 184(3).
There are no rules for fixing suo motu cases and setting up benches.
Hence, until such rules are framed, the hearing of important constitutional and suo motu automatic cases should be postponed.
“I cannot sit on the bench,” Justice Aminuddin Khan said, without providing any further details.
The hearing of the election case was scheduled to commence at 12pm today.
The Attorney General of Pakistan (AGP) Mansoor Usman Awan was supposed to present federal government’s stance on the matter.
Notably, the National Assembly (NA) short of the opposition voices on Tuesday passed the Supreme Court (Practice and Procedure) Bill 2023 which aims to ‘clip wings’ of the chief justice of Pakistan (CJP) over suo motu jurisdiction.