Court Reporter Daily Dawn + Dawn TV Report
Islamabad: At the beginning of the hearing of the review case on reserved seats in the Supreme Court, Justice Salahuddin Panhor excused himself from hearing the case, on which the bench hearing the case broke up.
During the hearing, bitter words were exchanged between Justice Jamal Mandokhel, including other judges, and lawyer Hamid Khan.
Hamid Khan said that there are examples, you cannot hear this hearing, to which Justice Mandokhel said where is it written that we cannot hear the case? Show in the Supreme Court rules how you cannot hear the hearing.
Justice Mandokhel said that if you have to give arguments, then give them, otherwise sit back in the chair, this is the Supreme Court, we will not allow you to make jokes, you are a good lawyer, but what you have done is not the work of a good lawyer.
HAmd Khan replied you have no right to say such a thing, how can you be so harsh? I respect the Supreme Court, how can you talk about my conduct? To which Justice Mandokhel warned that it is not that we do not know how to be strict.
On this occasion, Hamid Khan, while talking to Justice Mandokhel, said that you do not let others speak, listen to them, and speak with respect.
Lawyer Hamid Khan, while giving arguments, said that the Qazi Faez Isa case is an example, it was decided in the Qazi Faez Isa case that fewer judges than in the original case cannot hear the review case, Justice Mandokhel said that do not mention the name of Qazi Faez Isa, you should read the Supreme Court rule, Hamid Khan replied that why should I not mention the name of Qazi Faez Isa? On this, Justice Mandokhel said that we know how to be strict, I have asked you to read the rule.
Respect gives respect, we are here today, we will not be here tomorrow: Justice Jamal
Hamid Khan, while talking to Justice Jamal Mandokhel, said you are in a state of anger, do not hold this hearing, to which Justice Mandokhel replied, “Mind your language”! I know what state I am in, I have left my mother’s fateha for this institution, you are just joking.
He remarked that respect gives respect, if you have respect today, it is because of the Supreme Court, today we are here, and tomorrow we will not be here.
Lawyer Hamid Khan argued that 10 judges cannot sit and hear against the decision of 13 judges, to which Justice Mandokhel remarked that the opinion of the judges who dissented from the 13 will also be counted.
While talking to lawyer Hamid Khan, Justice Jamal Mandokhel said that we respect you, but the 26th Amendment was not made by us, but by the Parliament. You did not vote against the 26th Amendment, you boycotted it. As long as the 26th Amendment is part of the Constitution, we are bound by it. Either you accept this system or leave the practice of law.
You made the Supreme Court a de-chowk: Justice Hashim
During the hearing, Justice Hashim Kakar asked Hamid Khan if you named my mentor Qazi Faez Isa yesterday and made allegations against the sitting judges. Who gave you the right? You made the Supreme Court a de-chowk yesterday.
During the hearing of the case related to the Sunni Ittehad Council in the Supreme Court, Justice Jamal Khan Mandokhel remarked that independent candidates have to join any political party within 3 days as per the law.
He asked whether anyone requested the Election Commission, High Court or Supreme Court to give them a reserved seat after the notification.
He clarified that the court provided every possible opportunity, we gave you so many short-pitched balls that you could have hit sixes but you could not, the court also gave PTI several opportunities to come and present its position in the court but it could not appear.
Justice Mandokhel said that Ali Muhammad Khan was present in the court, we asked 10 times for someone to come to the rostrum but no one came.
Raising questions about the process of joining, he said that with apologies, it is important to know how the decision to join a political party was made. A formal investigation should be conducted into such a decision.
Justice Mandokhel expressed regret that now the blame for all this loss is being placed on the court even though the court gave full opportunity to the parties.
He further remarked that the nation is being misled and it is necessary to bring the facts to light, the 13-member bench had told the Sunni Ittehad Council that they do not have the right.
Justice Jamal Mandokhel said that the court takes a decision only when there are 2 parties before it.
We have expanded our powers as a court a lot: Justice Jamal
During the hearing, Justice Mandokhel expressed self-accountability and said, ‘Today, I admit that we have expanded our powers as a court significantly, and this is what has led to the current situation.’
On this occasion, lawyer Hamid Khan commented and said that that is why I am saying that if he were present in the majority judge bench, he would have told you, his reference was to previous decisions and different opinions of the judges.
Hamid Khan’s objection to the bench rejected
Later, the Supreme Court rejected Hamid Khan’s objection to the bench in the case related to reserved seats.
The bench hearing the review case related to reserved seats was dissolved. Earlier, at the beginning of the hearing of the review case on reserved seats in the Supreme Court, Justice Salahuddin Panhor excused himself from hearing the case, on which the bench hearing the case was dissolved.
At the beginning of the hearing, Justice Salahuddin Panhor said that the public’s trust in the judiciary is necessary, and it is important that no party objects to the bench.
Justice Salahuddin said that Hamid Khan objected to the inclusion of some judges in the bench, whose inclusion in the bench after the 26th Amendment was objected to.
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