Justice Jamal Khan Mandokhail has recused himself from the Supreme Court bench hearing the Punjab and Khyber Pakhtunkhwa election delay case, making it the second time in consecutive days that the bench has been dissolved.
Today, a new four-member bench was formed without Justice Khan. However, Justice Mandokhail claimed that he was a “misfit” on the bench since yesterday’s order, which stated that the remaining Supreme Court bench disagreed with Justice Aminuddin and that the hearing and proceedings in the petition remained unaffected, was passed without his consultation.
In a handwritten note on order, Justice Mandokhail mentioned that the Chief Justice did not consult him when the order was passed. Nevertheless, he acknowledged that the impact of the judgment requires consideration in court.
On Monday, a five-member larger top court bench was formed to hear Pakistan Tehreek-e-Insaf’s (PTI) plea against the delay in elections in Khyber Pakhtunkhwa and Punjab.
Read: SC disregards Justice Isa’s judgment on the postponement of Suo Motu Cases
On Wednesday, Justice Qazi Faez Isa ordered the postponement of cases being heard under Article 184(3) of the Constitution till the amendments made in the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice to form benches. Following the order, the bench was dissolved on Thursday.
The apex court announced that the bench would continue hearing the case without Justice Mandokhail. The ongoing situation highlights the complexities of legal proceedings in Pakistan and the importance of following proper protocols and procedures within the judiciary.
