Justice Mandokhail prays for institution

ISLAMABAD: Supreme Court Judges Jamal Khan Mandokhail and Yahya Afridi Friday issued their dissenting notes on the March 1 verdict of the Supreme Court on the Punjab and KP elections.

In his dissenting note, Justice Jamal Khan Mandokhail wrote, “Yesterday, Justice Aminuddin Khan recused himself from hearing the case. I wanted to express my thoughts but the chief justice and other judges left the court. I kept waiting in my chamber but did not receive any instructions from CJ for further proceedings.”

Justice Mandokhail further wrote that when he reached home, an order from CJ was received for signature, local media reports. “The order was not dictated in the courtroom and it was written in my absence without consulting me.” He lamented that three members of the bench for unknown reasons kept him away from consultation. 

“I wanted to get the March 1 order solved without any controversy,” he said. He wrote that March 1 majority-ruled detailed judgment was not issued yet and no heed was paid to this matter.

Justice Mandokhail said the lawyers of political parties also raised the matter but the bench members did not respond. “In these circumstances, it was not feasible for me to be a part of the bench and I would not put my co-members in any difficulty by being a part of the bench,” he added.

The dissenting note read that crucial constitutional matters were under consideration in the incumbent case. “These important constitutional matters must be heard by the full court and solved through collective wisdom,” he said. “I would be available if the full court gets constituted, otherwise I pray that the decision of my co-member judges establishes the supremacy of the Constitution,” he said.

He further said that the case was a continuation of the March 1 decision. “From the very first day, I urged the court to solve the matter of the order of the court of March 1,” he claimed.

Meanwhile, Supreme Court Judge Yahya Afridi in a detailed note wrote that the suo motu notice of the Supreme Court on the Punjab and KP elections stood discharged.

Justice Yahya wrote that the election matter was under trial in the Peshawar and Lahore high courts and the Supreme Court had declared in the past that if a matter was pending with the High Court, then it could not interfere.

He further wrote that the suo motu notice and the constitutional petitions were inadmissible. The apex court judge further wrote that he was leaving the matter of his inclusion in the bench to the chief justice.