Justice Mansoor Ali Shah and Justice Jamal Khan Mandukhel announced to end case by writing a dissenting note on the automatic notice case on delay in Punjab elections.
After the initial hearing of case, Justice Athar Minullah and Justice Yahya Afridi recused themselves from case on February 23 by writing dissenting notes, while Justice Mazahir Ali Naqvi and Justice Ijazul Hasan recused themselves from case after alleged allegations.
The 9-member bench constituted by Chief Justice Umar Atta Bandial in the Spontaneous Notice case passed an order signed by 9 out of 9 judges, including the four judges who wrote the dissenting note.
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Justice Mansoor Ali Shah, Justice Jamal Khan Mandukhel, Justice Athar Manullah and Justice Yahya Afridi remarked that “We think that this case should not be here at this time, so we think that this case should go back to the Chief. Justice and he should constitute a new bench.”
After the disagreement of the above judges, Chief Justice of Pakistan Justice Umar Atta Bandyal formed the 5-member bench which heard the case of automatic notice of delay of elections in Punjab. Then this bench gave the decision by three to two after the arguments of the lawyers.
Analysts say that last day a dissenting note was issued by Justice Mansoor Ali Shah and Justice Jamal Khan Mandukhel, while the dissenting note has no status in the order. And the order is what the Chief Justice writes.
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Analysts say that Justice Mansoor Ali Shah and Justice Jamal Khan Mandukhel have violated their own order signed on February 27, 2023 by writing dissenting notes.
Analysts say, remember that the position of the Chief Justice is equal to that of all judges, meaning that the Chief Justice has the same powers as brother judges. But he would be the Chief Justice because he has administrative powers “administrative powers”. “Administrative powers” means that he hears cases and constitutes benches. If other judges want to withdraw these powers from Umar Atta Bandyal, they will have to go to the Parliament and the powers of the Chief Justice will have to be abolished by the Parliament. Then all the judges will be equal because the Chief Justice has only extra-administrative powers.