Punjab, KP polls: Coalition parties ask Justice Ahsan, Justice Naqvi to recuse themselves from SC bench

SuchTV  |  Feb 24, 2023

The request was presented in a joint statement by the PPP, PML-N and JUI-F.

A nine-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and also comprising Justice Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah, is hearing the case.

The suo motu notice was taken by the top judge after President Dr Arif Alvi earlier this week unilaterally announced April 9 as the election date in both provinces after his invitation for consultations on the matter was turned down by the Election Commission of Pakistan (ECP).

In the previous hearing, the apex court had issued notices to all the stakeholders and asked them to come up with “skeleton arguments”.

Attorney General for Pakistan (AGP) Shehzad Ata Elahi, Election Commission of Pakistan (ECP), government through the cabinet secretary, chief secretaries of Punjab and Khyber Pakhtunkhwa (KP), Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA), all the advocate generals of the provinces, and the Pakistan Democratic Movement (PDM) were also issued notices.

During the proceedings, a divide was also visible in the larger SC bench as Justice Mandokhail objected to the suo motu notice and termed it “not justified”, while Justice Shah and Justice Minallah raised queries regarding the motive behind the dissolutions of assemblies.

Ahead of today’s hearing, Barrister Ali Zafar, JUI’s counsel Kamran Murtaza and PPP’s lawyer Farooq H Naik appeared in court.

Likewise, PML-N’s lawyer Mansoor Awan, and the Punjab governor’s counsel Mustafa Ramde were also in attendance.

Attorney General Shahzad Atta Elahi and Additional Attorney General Aamir Rehman as well as other legal fraternity representatives and political leaders are also attending the hearing.

The hearing

As the proceedings commenced, PML-N’s counsel pointed out that he had not yet received a copy of the court order.

PPP’s lawyer Farooq H. Naek said reiterated the same and urged the court to issue notices to all parties concerned.

“Today, we will mark everyone here present and hear everyone on Monday,” the CJP said here, noting that the representatives of all provinces were present in the courtroom.

At that, the PPP counsel said: “With great respect, I am objecting to the inclusion of two judges in the bench. The [party] leaders have decided to object to [their inclusion].”

Naek then went on to name Justice Mazahar Ali Naqvi and Justice Ejazul Ahsan, stating that he had an objection to the inclusion of the two judges in the bench.

He also read out a joint statement of the PPP, the JUI-F and the PML-N.

“After Justice Jamal Mandokhail’s note, Justice Ahsan and Justice Naqvi must recuse themselves from the bench,” he urged the court, adding that both the judges should not hear any case involving the PML-N and JUI-F.

“All three political parties respectfully request that the two-member bench’s order of suo motu notice is available. Hence, both judges should not sit on the bench in the context of the provision of justice and fair trial,” Naek told the court.

Here, Justice Athar Minallah opined that the matter, in his view, pertained to Article 184(3) of the Constitution — a provision that empowers the top court to intervene in matters involved in the enforcement of fundamental rights — and asked why it should not be heard in a full court.

Naek replied that he did not want to go into the details, adding that he also believed that the case should be heard by a full-court bench.

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