The Supreme Court has issued an order for the hearing of the election case on February 23.
The judgment includes a dissenting note by Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Athar Manullah, and Jamal Khan Mandukhel.
Justice Yahya Afridi said in a dissenting note that general elections are under hearing in Peshawar and Lahore High Court.
The five-member bench, headed by Justice Mansoor Ali Shah, Justice Jamal Khan Mandukhel, Justice Muneeb Akhtar, and Justice Muhammad Ali Mazhar, resumed hearing the case after Chief Justice of Pakistan Umar Atta Bandyal mentioned that four esteemed members Justice Ijazul Ahsan.
Justice Mazahir Ali Naqvi, Justice Athar Minullah, and Justice Yahya Afridi resigned from the bench. The Chief Justice made it clear that he had no involvement with the court’s current bench.
Chief Justice Umar Atta Bandial said the court would continue the hearing to interpret the constitution. What the constitution says depends on the interpretation. But it cannot be released.
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Justice Jamal Mandukhel’s note came on social media before the order. We will be careful in the future so that such an incident does not happen. It is inappropriate for Justice Jamal Khan Mandukhel’s note to be made public before the order is included. The court orders first appear on the website and then become public.
The Chief Justice said that PTI lawyer Ali Zafar should inform the court while starting the arguments about whether the court will hear this case. The court should be informed whether the court can hear this case tomorrow. In any case, the case has to be completed.
Justice Jamal Khan Mandukhel asked if the election could be delayed for 90 days.
Lawyer Ali Zafar replied that the election could not be completed on time, even for an hour, and neither the Election Commission is responsible for the Governor. The President writes two letters.
Justice Mansoor Ali Shah said the President’s letter contradicts the High Court order.
Justice Muhammad Ali Mazhar remarked that the Election Commission replied that consultation with the governor is not in the constitution. If there had been no consultation, then the commission would have given the election date itself.