ISLAMABAD (Dunya News) – Supreme Court judge Justice Athar Minallah says there is no judicial precedent in the country for suspension of penalty on the basis of undoing of disqualification.
A hearing was held by the apex court on the request of the PTI founder against the Election Commission of Pakistan (ECP) contempt. The apex court hinted that it would hear the contempt of court petition against the ECP on Thursday.
Justice Tariq Mehmood said the Toshakhana disqualification case application was not filed in the SC.
Lawyer Shehbaz Khosa appealed to the court to fix the disqualification petition before a three-member bench.
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Justice Tariq Mehmood said only two judges were available in Islamabad whereas the Toshakhana case was required to be decided by at least three-member bench.
Justice Athar Minallah stated there was a request before the SC if the judgement of Toshakhana case was suspended, the sentence should also be declared null and void. “We see no judicial precedent in the history of Pakistan for the suspension of sentence on the basis of annulment of disqualification,” he remarked.
The lawyer highlighted there was a judicial precedent as Makhdoom Javed Hashmi’s sentence was quashed.
The PTI lawyer pointed out the SC could form a bench by calling the judges on leave.
Justice Tariq Mehmood replied the judges were not available.
The SC rejected the request for an urgent hearing on appeal for undoing sentence of the PTI founder.