Stand By My Decision in Suo Moto Case, says Justice Jamal Mandokhail

Wed Mar 29 2023
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Faisal Kamal Pasha

ISLAMABAD: Supreme Court judge Justice Jamal Khan Mandokhail has said that he stood by his dissenting note that “the suo moto case regarding date announcement for elections in Punjab and Khyber-Pakhtunkhwa was dismissed by a majority of four judges out of seven.”

On Monday, Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail issued a 27-page dissenting order stating that the suo motu case about the election date in the two provinces was dismissed by 4-3.

As The Supreme Court five-member bench resumed hearing the Pakistan Tehreek-e-Insaf’s petition challenging the Election Commission of Pakistan’s verdict to delay polls to the Punjab Assembly by more than five months, Justice Jamal Mandokhail said: “he stands by his decision (in the suo moto case) and the decision was made by four to three-judge.”

During the hearing on Wednesday, Justice Mandokhail questioned the election date and remarked that “when we did not issue any order, how did the Election Commission of Pakistan issue the election schedule?”

During the hearing, he said, “I want to clarify that my remarks yesterday created much controversy, but it should be clarified that no such order was issued by the Supreme Court.”

Justice Jamal Mandokhail said, “I stand by every letter I have written, I have declared the administrative power as an internal matter. We have dismissed the suo moto notice and petitions by 4-3.

On Monday, when the Supreme Court heard the PTI’s petition against the postponement of the elections in Punjab, a dissenting note of Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail was released, in which they said that the suo motu notice was rejected by four judges, so this decision was 4-3.

 

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