The five-member bench of the Supreme Court (SC) hearing the Punjab polls delay case was dissolved on Thursday. Justice Aminuddin Khan recused from hearing the PTI petition against the postponement of the Punjab Assembly elections on account of yesterday's order wherein it was held that the hearing of all cases under Article 184 3 be postponed until amendments in Supreme Court rules 1980 regarding discretionary power of the chief justice of Pakistan (CJP) to form special benches. “After yesterday’s judgement, I recuse myself from hearing the case,” Justice Aminuddin Khan said.

He referred to a judgement, authored by himself and Justice Isa, issued a day earlier. It noted that the chief justice of Pakistan (CJP) did not have the power to make special benches or decide its members, and said that all hearings based on suo motu notices and cases of constitutional significance — under Article 184(3) — should be postponed until they are legislated upon.Justice Khan’s recusal was an unexpected development before the court proceedings began on Thursday.

The original bench which had conducted three hearings on the PTI petition was constituted by CJP Umar Ata Bandial. It was headed by the CJP himself and included Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Jamal Khan Mandokhail and Justice Khan. On Wednesday, a three-member bench of the Supreme Court ordered to adjourn the hearing of cases of constitutional importance and suo motu notices.

A three-member bench of the court issued the order in a case of giving grace marks to Hafiz-e-Quran. The nine-page decision was written by Justice Qazi Faiz Isa, while Justice Shahid Waheed dissented from the decision. It may be noted that a five-member bench was hearing PTI’s plea against the postponement of elections in Punjab by the Election Commission of Pakistan.

Punjab and KPK assemblies’ speakers Sibtain Khan and Mushtaq Ghani have filed a joint constitutional petition on behalf of the Pakistan Tehrik-i-Insaf. In yesterday’s hearing, the Supreme Court of Pakistan (SC) sought assurances from the federal government and Pakistan Tehreek-e-Insaf in the election delay case.

As per details, the Chief Justice of Pakistan Umar Ata Bandial said that it is unfortunate that all the respondents are in confrontation with each other. The federal government and PTI have to assure that they want a transparent election or not. The Election Commission of Pakistan (ECP) announced to delay of the Punjab by-elections which were scheduled to be held on April 30. The ECP withdrew the Punjab Election Program notification issued on March 8 and decided to postpone the Punjab election and announced October 08 as the new date for elections in Punjab.

Credit : Independent News Pakistan-INP