Another judge recuses himself from SC bench hearing election delay case

ISLAMABAD – Supreme Court judge Jamal Khan Mandokhail recused himself from the Supreme Court bench hearing the case regarding the delay of elections in Punjab and Khyber Pakhtunkhwa, following Justice Amin-Ud-Din Khan’s recusal the previous day. This resulted in the bench being dissolved for the second time in consecutive days.

“I believe I am a misfit in the bench. I pray whichever bench is formed in this case gives a verdict that is acceptable to everyone,” said Justice Mandokhail. He prayed for his institution, adding that him and his fellow judges were bound to follow the constitution.

“I wanted to say something yesterday as well, perhaps there was no need for advice from me while writing the judgment,” said Justice Mandokhail.

Initially, a larger bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Khan, and Justice Mandokhail was formed on Monday to hear Pakistan Tehreek-e-Insaf’s plea against the delay in elections in both provinces. The bench held three hearings on the matter.

However, on Wednesday, a Supreme Court bench headed by Justice Qazi Faez Isa ordered the postponement of cases being heard under Article 184(3) of the Constitution until amendments were made in the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice to form benches.

Justice Khan concurred with Justice Isa while Justice Shahid Waheed dissented with the majority order of 2-1 in a suo motu case regarding the grant of 20 marks to Hafiz-e-Quran students seeking admission to MBBS/BDS Degree under Regulation 9(9) of the MBBS and BDS (Admissions, House Job and Internship) Regulations, 2018.

Consequently, on Thursday, the bench was dissolved after Justice Khan recused himself from the case following a Supreme Court order halting proceedings under Article 184(3). The apex court announced that the case would continue without Justice Khan.