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Tuesday June 18, 2024

SC bench hearing Punjab, KP polls' delay case dissolved

Bench to resume hearing of case without Justice Amin-Ud-Din Khan tomorrow

By Maryam Nawaz
March 30, 2023
Justice Amin-Ud-Din Khan. — Supreme Court website
Justice Amin-Ud-Din Khan. — Supreme Court website

ISLAMABAD: A major development took place in the Punjab and Khyber Pakhtunkhwa polls date case on Thursday as the Supreme Court's five-member bench was dissolved after Justice Amin-Ud-Din Khan recused himself from hearing the case, ahead of the resumption of today's proceedings. 

The apex court was supposed to resume the hearing on Pakistan Tehreek-e-Insaf’s (PTI) plea against the Election Commission of Pakistan's (ECP) decision to defer the elections in Punjab and Khyber Pakhtunkhwa today.

However, when the five-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, comprising Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan and Justice Jamal Khan Mandokhail, hearing the case arrived in court room No 1 Justice Khan recused himself.  

Justice Khan on bench's arrival said: "In light of Justice Qazi Faez Isa's verdict, I recuse myself from hearing the case."

The bench members then left the courtroom.

As per the Supreme Court, the bench will resume hearing of the case at 11:30am from tomorrow (Friday) without Justice Khan. 

A special Supreme Court bench, headed by Justice Isa, with a two to one majority, had ordered suspending all suo motu cases — under Article 184(3) of the Constitution — until amendments are made to the Supreme Court Rules governing the chief justice's discretionary powers.

The hearing of the case was scheduled to start at 11:30am however it was delayed till 12pm. 

Sources said that the judges had been holding consultation over the order on 184(3) proceedings, which has the signatures of Justice Khan. The judges deliberated on whether the order was applicable to this case, sources said.