As the Supreme Court’s Constitutional Bench resumed hearing review petitions in the reserved seats case, Justice Salahuddin Panhwar recused himself from the bench following an objection from senior counsel Hamid Khan.
In its July 12, 2024 short order, eight out of 13 judges ruled that 39 out of a list of 80 MNAs were and are the returned candidates of the PTI, setting it to emerge as the single largest party in the National Assembly.
However, the ruling had not been implemented by the National Assembly, while the Election Commission of Pakistan (ECP) had raised some objections. The review petitions against the SC order had been filed by the PML-N, the PPP and the ECP.
An 11-member bench headed by Justice Aminuddin Khan resumed the hearing today.
Justice Panhwar noted that Hamid Khan, counsel for the Sunni Ittehad Council (SIC), had yesterday raised an objection to the bench.
“Hamid Khan raised an objection to the inclusion of judges in the bench who came to the Supreme Court after the 26th Amendment in the bench,” Justice Panhwar said, noting that he is one of the judges included in the objection.
“Public trust in the judiciary is essential,” Panhwar stated.
“It is essential that no party has any objection to the bench,” he said. “It is because of these objections that I cannot sit on this bench.”
The judge told Khan that although he was hurt by his remarks — having worked together since 2010 — this was not a personal matter.
Khan said he appreciated Panhwar’s decision.
However, Justice Aminuddin Khan told him that this was not a matter to eb appreciated. “This is a result of your conduct,” he said.
“We gave you respect, that’s why we are listening to you, otherwise we were not under any obligation to hear you,” Justice Khan said. “We gave you this opportunity, don’t misuse it.”
Following Justice Panhwar’s recusal, the SIC’s counsel also objected to a 10-memebr bench taking up the hearing.
To this, Justice Mandokhail questioned under which law the counsel was making this argument.
Justice Mandokhail added that the 10-member bench will continue hearing cases.
“Giving respect is what gets you respect,” he told Khan. “Whatever respect you have today is because of the Supreme Court.”
“Today we are here, tomorrow we will not be here, you will not be here,” Justice Mandokhail said.
The SIC counsel told Justice Mandokhail not to use the case if he was angry.
Justice Aminuddin interjected here, asking the SIC counsel what objection he had.
“My objection is that a twelve-member bench cannot hear the review of the decision of a thirteen-member bench,” Khan said.
Justice Aminuddin rejected this objection and asked him to proceed with his arguments.
