ISLAMABAD: Following Justice Amin-Ud-Din Khan’s recusal, Justice Jamal Khan Mandokhail recused himself from the Supreme Court bench hearing the Punjab and Khyber Pakhtunkhwa election delay case on Friday, dissolving the bench for the second time in two days.
On Monday, a five-member larger bench of the Supreme Court was formed to hear Pakistan Tehreek-e-(PTI) Insaf’s petition against the postponement of elections in Khyber Pakhtunkhwa and Punjab.
The initial bench included CJP Umar Ata Bandial, Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Khan, and Justice Mandokhail. It held three public hearings on the subject.
However, on Wednesday, a Supreme Court bench led by Justice Qazi Faez Isa ordered the postponement of cases being heard under Article 184(3) of the Constitution until the Supreme Court Rules 1980 were amended regarding the chief justice’s discretionary powers to form benches.
Justice Khan agreed with Justice Isa, while Justice Shahid Waheed dissented from the 2-1 majority order in a suo motu case concerning the grant of 20 marks to Hafiz-e-Quran students seeking admission to the MBBS/BDS Degree under Regulation 9(9) of the MBBS and BDS (Admissions, House Job, and Internship) Regulations, 2018.
As a result, the bench was dissolved on Thursday after Justice Khan recused himself from the case after a Supreme Court order halted proceedings under Article 184. (3).
Following the dissolution of the bench, the Supreme Court announced that the case would be heard by the bench without Justice Khan.
However, hours before the hearing were scheduled to resume, the Supreme Court “disregarded” the judgment authored by Justice Isa in a circular issued on Friday.
As a result, when the bench arrived to hear the case, Justice Mandokhail recused himself.