ISLAMABAD: Justice Athar Minallah, in a detailed 25-page note on Friday, stated that according to him the Supreme Court’s suo motu case over the delay in Punjab and Khyber Pakhtunkhwa (KP) elections was dismissed by 4 to 3 and clarified that “he had not recused nor had any reason to dissociate himself” from the case.
Justice Minallah was part of the original nine-member bench constituted by the Chief Justice of Pakistan (CJP) Umar Ata Bandial after he took the suo motu notice over the delay in the election of the two provincial assemblies on February 22.
“I had reiterated my decision by recording my note in the order dated 24.02.2023. I have had the privilege of reading the detailed reasoning recorded by my learned brothers, Syed Mansoor Ali Shah and Jamal Khan Mandokhail, JJs and I agree with their opinion, particularly regarding the final outcome of the petitions and the suo motu assumption of jurisdiction by a majority of 4 to 3 because this was the understanding in the meeting held in the anteroom on 27.02.2023. It is noted that I had not recused nor had any reason to dissociate myself,” said the judge in his detailed note.
The judge stated, “The manner and mode in which these proceedings were initiated have unnecessarily exposed the Court to political controversies,”adding, “It has invited objections from political stakeholders in an already polarised political environment.”
“The Court, by proceeding in a premature matter, will be stepping into already murky waters of the domain of politics. It is likely to erode public confidence.”
“The assumption of suo motu jurisdiction in itself may raise concerns in the mind of an informed outside observer,” Justice Minallah observed in his detailed note.
“In the circumstances, the rights of litigants whose cases are pending before us would be prejudiced, besides eroding public trust in the independence and impartiality of the Court,” adding, “This could have been avoided if a Full Court was to take up these cases. It would have ensured the legitimacy of the proceedings.”
He stated that by entertaining the petitions and suo motu jurisdiction, the court would be “unjustifiably undermining the independence of two provincial high courts.”
The judge added that Pakistan was on the brink of a political and constitutional crisis and it was high time that “all those responsible take a step back and resort to some introspection.”
