Islamabad:
The lawyers of the petitioners seeking review of Apex Court’s decision to award reserved seats in the assemblies of Pakistan Tehreek-E-Insaf (PTI) argued on Wednesday that the judges who disagree with the majority could remain part of the bench.
An 11-member constitutional bench (CB), led by Justice Aminuddin Khan, heard the review appeals against the Supreme Court’s decision on July 12, 2024 in reserved seats. During the hearing, the lawyer of Sunni Itthad Council (Sic) concluded Hamid Khan his arguments.
Earlier this month, a 13-member CB admitted to hearing the review-anterdles with an 11-2 majority decision. Two members of the bench, Justice Ayesha Malik and Justice Aqeel Abbasi, rejected the petitions for the review as declining.
Later, a new causal list was issued that said Justice Malik and Justice Abbasi would not be part of the bench for further consultation of the petitions. During Wednesday’s consultation, Bench -member Justice Jamal Khan Mandokhail asked the question of judges who disagree would remain on the bench.
Makhdoom Ali Khan said the judges who do not make a decision on the profits could remain part of the bench. He said in the current scenario, if another five judges say tomorrow that the composition of the bench was not correct, the majority decision would be a letter from seven judges.
And if an order has been signed by the court, the lawyer added, it would be called the court’s order.
“There has been such a story that there was no order on the court,” he continued. “Judge who does not make a decision on the benefits may remain part of the bench.”
Makhdoom Ali Khan started arguments after SIC -Attorney Hamid Khan completed his arguments about a various application regarding the live broadcast of the trial. He said that at least there was an example of approval of a pilot project in this regard.
Hamid Khan requested the court to first decide his application for live streaming of the case. However, Justice Aminuddin Khan replied that not all applications would first be decided. He said there were also several applications that would be decided after all.
Hamid Khan also said there were many petitions against the 26th constitutional amendment in the Supreme Court. In this justice, Mandokhel asked what was the connection between the review appeals and the 26th change.
Hamid Khan said that constitutional benches were formed during the 26th constitutional amendment. Justice Aminuddin told the lawyer that the judges were bound by Pakistan’s constitution, therefore the constitutional bench heard the case.
After Hamid Khan’s arguments, Makhdoom Ali Khan started his arguments. He said the Supreme Court issued a brief order on July 12, 2024, while the filing of the notification appeals began on July 18. The detailed decision made by the Point Court was issued on September 23.