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CJP Bandial turns down AGP’s request for full court

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Disregards judicial order by two judges

The Supreme Court on Friday rejected a request by Attorney General Pakistan Mansoor Awan for the formation of a full court as it continued hearing the Pakistan Tehreek-e-Insaf’s petition against the delay in the Punjab Assembly polls.

Chief Justice Umar Ata Bandial said that neither the law nor rules talked about the composition of a full court and they would not ‘go back’ to the start as the matter was being heard since Monday.

The case continued after two judges Justice Aminuddin Khan and Justice Jamal Khan Mandokhail recused themselves from the five-member bench.

On Friday, a three members bench led by the Chief Justice of Pakistan Umar Ata Bandial resumed hearing the matter with the chairperson of the Executive Council of the Pakistan Bar Council present before the apex court.

The chief justice maintained that the PBC officeholder would be heard later, to which Pasha stated that the bar had nothing to do with supporting anyone. He suggested that if a full-court bench could not be formed then the SC should hold a full-court session.

The CJP said that the bench was considering taking that measure and added that the relationship between the judges was “good”.

Pasha, however, stated that yesterday and today, two judges excused themselves from hearing the matter, and the CJP told him to meet him in his chambers regarding that issue.

“Today is the first time you have come to the court, prove yourself by actions, not by words,” Justice Bandial advised, reinviting Pasha to his chambers. He added that the president of the Supreme Court Bar had been in touch with him.

Justice Bandial maintained that he would conduct some meetings after the hearing and hoped that “Monday’s sun would rise with good news”.

Commenting on the case, he said that the 90-day deadline for holding Punjab Assembly polls as per the Constitution expired in April.

“Two members of the nine-member bench resigned from the voluntary bench,” the AG said, and on inquiry from the chief justice read out the court order dated February 27 where the matter was referred to the CJP for the reconstitution of the bench.

 

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