Islamabad:
The lawyer of the petitioners, who seeks the review of the Apex Court’s decision to assign seats reserved in the assemblies to Pakistan Tehreek-E-Insaf (PTI), argued on Wednesday that the judges, who did not agree with the majority, could remain part of the bank.
A Constitutional Bank (CB) of 11 members, headed by Judge Aminuddin Khan, heard the review appeals against the decision of the Supreme Court on July 12, 2024 in the reserved seats. During the hearing, the lawyer of the Sunita Ittehad (sic) Hamid Khan concluded his arguments.
Earlier this month, a CB of 13 members admitted to listen to the replicas of review with a majority decision of 11-2. Two bank members, Judge Ayesha Malik and Judge Aqeel Abbasi, dismissed the review requests as inadmissible.
Later, a new list of causes was issued, which said that Judge Malik and Judge Abbasi would not be part of the bank for a greater hearing of the requests. During the hearing on Wednesday, the judge of the member of the Bank Jamal Khan Commandkhail asked the judges, who disagree, would remain in the bank.
Makhdoom Ali Khan said that the judges, who do not give a decision about merits, could remain part of the bank. He said on the current scenario, if five more judges say tomorrow that the bank’s composition was not correct, then the majority decision would be a letter of seven judges.
And if an order of the court is signed, added the lawyer, it would be called the order of the court.
“There has been such a story that there was no court order,” he continued. “Judges who do not give a decision on merits can remain part of the bank.”
Makhdoom Ali Khan began arguments after Sic Hamid Khan lawyer completed his arguments about a miscellaneous request regarding the live transmission of judicial procedures. He said that at least there was an example of approval of a pilot project in this regard.
Hamid Khan asked the court to first decide on his application for the live broadcast of the procedures. However, Judge Aminuddin Khan replied that not all applications would be decided first. He said there were also more requests, which would be decided after all was heard.
Hamid Khan also said there were many requests against the 26th Constitutional amendment in the Supreme Court. On that, Judge Commandkhel asked what the connection between the review appeals and the 26th amendment was.
Hamid Khan said constitutional banks formed under the 26th constitutional amendment. Judge Aminuddin told the lawyer that the judges were bound by the Constitution of Pakistan, therefore, the Constitutional Bank was listening to the case.
After Hamid Khan’s arguments, Makhdoom Ali Khan began his arguments. He said the Supreme Court gave a short order on July 12, 2024, while the presentation of the review appeals began on July 18. The detailed decision of the Apex court was issued on September 23.
