ISLAMABAD: The four-member bench of Supreme Court of Pakistan (SCP) has been dissolved once again on Friday amidst a growing split among members of the higher judiciary of the country.
The top court, entrusted with upholding the rule of law, has become a battleground for conflicting ideologies and personal agendas.
The bench has been dissolved after Justice Jamal Khan Mandokhail also recused himself from hearing the Punjab and Khyber Pakhtunkhwa (KP) election delay case today.
Justice Jamal expressed his disagreement with the ruling announced yesterday.
“I was not consulted during its drafting,” he said, in a dissenting note, adding that the ruling was not formulated in an open court.
It was Justice Faez Isa’s decision which, according to Justice Mandokhail, should have undergone a review in an open court.
Justice Mandokhail further added that he had some remarks to make yesterday, but he was not given a chance.
“Perhaps my input was not required or valued,” he added, saying “God bless our country”.
In the meantime, Chief Justice of Pakistan (CJP) Umar Ata Bandial announced that the bench will be reconstituted in some time.
Furthermore, it should be noted that the three chairs have been placed in the courtroom number one.
The now-dissolved bench was to resume hearing of the petition regarding delay in elections.
Yesterday, the five-member bench was dissolved and reconstituted to four members after Justice Aminuddin Khan disassociated himself from the hearing.
On Wednesday, a top court bench headed by Justice Qazi Faez Isa ordered to adjourn the hearing of cases of constitutional importance and suo motu notices.
A three-member bench of the court issued the order in a case of giving grace marks to Hafiz-e-Quran. The nine-page decision was written by Justice Qazi Faiz Isa, while Justice Shahid Waheed dissented with the decision.
The judgment written by Justice Isa stated that the Constitution and the law do not allow the chief justice to constitute a special bench. There are rules governing petitions filed under Article 184(3).
There are no rules for fixing suo motu cases and setting up benches.
Hence, until such rules are framed, the hearing of important constitutional and suo motu automatic cases should be postponed.
Read more: Punjab, KP polls: SC bench dissolved as Justice Aminuddin Khan recuses
