ISLAMABAD: Pakistan Tehreek-e-Insaf’s (PTI) petition within the Supreme Court docket searching for a overview of the decision on the occasion’s inner polls was dismissed after its attorneys refused to proceed with the case after twenty sixth the Constitutional Modification on Monday.
The coalition authorities handed the contentious constitutional bundle within the Nationwide Meeting throughout the predawn hours on Monday, after efficiently steering the twenty sixth Modification Invoice, 2024, via the Senate.
The judicial reforms got here into drive later at the moment after President Asif Ali Zardari signed the invoice into legislation upon the recommendation of Prime Minister Shehbaz Sharif.
A 3-member bench, headed by CJP Qazi Faez Isa, and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, was listening to the PTI’s plea to overview its judgement on its intra-party election.
On January 13, the bench unanimously nullified the the judgement of the Peshawar Excessive Court docket (PHC) and upheld the Election Fee of Pakistan (ECP) resolution declaring PTI’s intra-party polls “unconstitutional”.
The PTI had filed a plea within the apex courtroom requesting to overview its verdict.
Throughout at the moment’s listening to, PTI’s lawyer Hamid Khan filed a brand new petition for the structure of a bigger bench to listen to the overview petition.
After the change of remarks between the lawyer and CJP, PTI chief Barrister Ali Zafar maintained that the occasion is not going to current the arguments earlier than this bench.
“This bench can now not hear this case,” he stated whereas referring to the judicial amendments.
At this, CJP Isa remarked that he does not find out about “any such modification” because the matter has not been dropped at his discover.
“Do not inform us what we will hear and what not,” the highest decide acknowledged.
It could be famous that the constitutional modifications had not but been signed into legislation at this level of the listening to and, therefore, didn’t apply to the Supreme Court docket or any bench of the courtroom.
Lawyer Hamid stated that they’ve requested the formation of a bigger bench to listen to this matter, however CJP Isa objected to the request, saying {that a} bigger bench can’t be constituted for a overview petition.
At this, the lawyer cited the bulk verdict by SC’s 8-member bench within the reserved seats case for instance.
Nevertheless, the chief justice remarked that the case he’s referring to has a overview petition pending within the courtroom.
“We cannot comment on a case through which a overview petition stays pending,” he acknowledged.
This was adopted by Barrister Zafar and his lawyer’s withdrawal from the podium, whereas CJP Isa dictated the order for the plea’s dismissal, stating that the PTI attorneys didn’t give their arguments on the case’s benefit.
“No error could possibly be identified within the authentic resolution on the matter,” the order learn.
At this, lawyer Hamid stated that the order must also point out the rationale why they did not current the arguments.
“Please state that I refused to provide arguments earlier than an especially biased decide,” he added.