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Four judges, out of nine, recuse themselves from SC bench hearing suo motu on elections

Four judges, out of nine, recuse themselves from SC bench hearing suo motu on elections
February 27, 2023 Web Desk

ISLAMABAD (92 News) - Four judges, out of nine, of the Supreme Court hearing the suo motu notice on the elections in Punjab and Khyber Pakhtunkhwa have separated themselves from the bench.

Justice Ejazul Ahsan, Justice Mazahir Ali Naqvi, Justice Yahya Afridi and Justice Athar Minallah are among those who recused from the case.

Chief Justice Umar Atta Bandial remarked that four respected members have separated themselves from the bench. "However, the remaining bench of the court will continue to hear the case. The court will continue hearing to interpret the constitution. What the constitution says depends on the interpretation. We will start the hearing at 9:30 am tomorrow and will try to finish it the same day," he observed.

He remarked that they cannot issue the notice until the decree is published on the website. "The note has already appeared on social media. In the future, we will be careful so that such an incident does not happen."

Justice Yahya Afridi, in a dissenting note, wrote that the matter of general elections is being heard by the Peshawar and Lahore High courts and the Supreme Court opinion may influence the decision of the high courts.

Justice Muhammad Ali Mazhar said that there is no clause in the constitution which justifies the delay in the elections for 90 days. "Can anyone delay the elections?"

Barrister Ali Zafar contended that no one can delay the elections. "Table tennis is being played regarding the date of the elections. No injunction has been given in the intra-court appeal. It is the responsibility of the Election Commission to conduct the elections according to the constitution. A court application has also been filed," he added.