Coalition parties file plea for recusal of two SC judges in polls delay case

Coalition parties on Friday sought the recusal of Supreme Court judges Justice Ijaz ul Ahsan and Justice Mazahar Ali Akbar Naqvi in the suo motu case regarding the delay in the announcement of a date for polls in Punjab and Khyber-Pakhtunkhwa (K-P)

A nine-member bench resumed the hearing of the case, wherein Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP) and Jamiat Ulema-e-Islam-Fazl (JUI-F) filed a petition requesting the two SC judges to recuse themselves from the bench

As the proceedings commenced today, a joint statement was read by PPP counsel Farooq H Naek requesting Justice Ahsan and Justice Naqvi to recuse themselves from hearing the case

In the statement, it was requested that both the apex court's judges "recuse themselves from hearing any matter involving PML-N, PPP and JUI-F and their leadership" for the "interest of justice, fair play and to protect the fundamental right to a fair trial and due process"

Read SC judge expresses reservations over suo motu action Naek also noted that he had not yet received a copy of the court order and requested that notices be issued to all concerned parties

The chief justice of Pakistan (CJP) remarked that today “we will mark everyone here present and hear arguments on Monday,” noting that the representatives of all four provinces were present in the courtroom

The PPP lawyer further objected to the inclusion of Justice Ahsan and Justice Naqvi in the bench and referred to Justice Jamal Mandokhail’s statement made in the previous hearing objecting to the suo moto notice

However, Justice Athar Minallah said that the matter pertained to Article 184(3) of the constitution and questioned why it should not be heard in a full court

Advocate Naek replied that he did not want to go into the details but maintained that he believed that the case should be heard by a full-court bench

CJP Umar Atta Bandial remarked that "we will discuss the admissibility of the case first"

 To this, the PPP's counsel said that admissibility is the most important issue, as is the matter of composition and seeing how the bench was constituted

Read More Justice Minallah’s remarks stir legal debate During the hearing, Awami Muslim League (AML)'s counsel Azhar Siddique questioned why political leaders are being allowed to defame the judiciary and said that this is a "serious issue"

In his remarks, Justice Jamal Mandokhail said that political matters should be settled in the parliament, questioning why they do not resolve the issue of interpretation of the constitution in the parliament

Justice Bandial said that in normal circumstances, citizens knocked on the door of the court “but today, the Constitution of Pakistan has knocked on our doorstep

” Subsequently, the court adjourned the hearing till Monday, February 27

Date:25-Feb-2023 Reference:View Original Link