No legal justification for Justice Mazahir Naqvi and Justice Ijazul Ahsan to leave SC larger bench
Supreme Court of Pakistan in its orders in 1976, 1991 and 2001 has settled separation issue from the bench rests within discretion of judges
The Supreme Court’s suo moto notice on the delay in giving the date of general elections in Punjab and Khyber Pakhtunkhwa, Pakistan Bar Council, including lawyer Farooq H. Naik and all parties involved in the PDM, have raised objections to the two judges of the larger bench, while the Supreme Court of Pakistan has said in its orders in 1976, 1991 and 2001 that departure from the bench rests with the discretion of the judges.
According to details, Chief Justice of Pakistan Justice Umar Ata Bandial had taken suo moto notice last week for the delay in giving date for general elections in Punjab and Khyber Pakhtunkhwa.
The Supreme Court had scheduled the first hearing for the case on Monday, for which the Chief Justice constituted a 9-member Larges Bench.
The Supreme Court ordered the Election Commission of Pakistan, all political parties of Pakistan, President Dr. Arif Alvi, Prime Minister Shehbaz Sharif, four provincial advocate generals, attorney generals, governors of Punjab and Khyber Pakhtunkhwa, Vice Chairman Pakistan Bar Council, President Supreme Court Bar Association. , PDM, and also issued notices to Speakers.
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The larger bench includes Chief Justice Umar Ata Bandial along with Justice Yahya Afridi, Justice Athar Manullah, Justice Muneeb Akhtar, Justice Ijazul Ahsan, Justice Mazahar Ali Akbar Naqvi, Justice Mansoor Ali Shah, Justice Muhammad Ali Mazhar and Justice Jamal Khan Mandukhel.
During the hearing of the spontaneous notice case on Friday, Pakistan People’s Party lawyer Farooq H. Naik, all parties involved in the PDM and the Pakistan Bar Council raised objections to the two judges in the Larges Bench.
During the hearing, Farooq H. Naik said that he raised an objection to the formation of the bench.
Farooq H. Naik said that I am respectfully objecting to joining the bench of judges, the decision to object has been taken by the leaders.
On the other hand, Pakistan Bar Council, JUIF, Muslim League (N) and other parties have also raised objections against 2 judges.
The objection was raised that Justice Ejazul Ahsan and Justice Mazahir Ali Akbar Naqvi should not be made part of the Larges Bench.
In the present case, the objections to the composition of the bench are in place, but the Supreme Court of Pakistan in 1976 in the Khan Abdul Wali Khan case, in 1992 in the Benazir Bhutto case and in 2001 in the Asif Ali Zardari case rejected the objections to the bench and the judges. has given that sitting or not sitting in the bench is purely up to the discretion and conscience of the judge whether he wants to sit in the bench or not.
Legal experts say that in the light of the Supreme Court’s previous orders, there is no legal justification for Justice Mazahar Ali Akbar Naqvi and Justice Ijazul Ahsan to separate from the Larges Bench.
