Islamabad:
A Constitutional Bank (CB) of the Supreme Court on Friday annulled the objections raised by the Office of the Court Registrar to the requests, seeking the formation of a judicial commission to launch an investigation into the accusations that the general elections of February 8, 2024 were highly managed.
However, one of the bank members, Judge Jamal Khan Commandkhail, asked the lawyer for a petitioner about how the court could constitute a judicial commission when a forum, the electoral courts, was available to address the complaints of the elections.
A CB of five members led by Judge Aminuddin Khan on Friday collected the requests presented by virtue of article 183 (3) by several petitioners, including former Prime Minister Imran Khan and the leader of PTI, Sher Afzal Marwat, together with the objections raised by the SC Registry.
When the hearing began, Judge Aminuddin Khan asked Imran’s lawyer Hamid Khan, who appeared by video link, if he had sent an answer. Hamid Khan replied that he had presented an answer together with additional documents, including the details of the Research Commission of the Quetta lawyers.
Judge Khan commented that the court had taken a warning of Suo Motu on that matter at that time “, but now it seems that the authority to take a warning of SUO MOTU can no longer exist.”
Hamid Khan replied that Bank’s decision of ten members in the case of the Memo commission is also available, which implied a substantial legal discussion.
Judge Jamal Commandkhail said that both in the cases of Memogate incidents and in Quetta’s lawyers, there were no alternative judicial forums available. He questioned how a constitutional bank could create a new forum when there are already alternatives.
Judge Muhammad Ali Mazhar asked Khan how many electoral requests were currently pending in the electoral courts. “If your argument is accepted, the whole process will stop and all cases of the Electoral Court will have to be annulled,” he said.
Subsequently, after the consultation, the CB set aside the objections raised by the registrar’s office and ordered him to assign numbers to the requests. The case was postponed for an indefinite period.
