Justice Mandokhail issues dissenting note in Punjab, KP election case
Pakistan
He lamented that 3-members of the bench for unknown reasons kept him away from the consultation
ISLAMABAD (Dunya News) – Justice Jamal Khan Mandokhail on Friday issued his dissenting note in a case related to Punjab and Khyber Pakhtunkhwa (KP) elections.
The dissenting note read, yesterday Justice Aminuddin Khan rescued himself from hearing the case, and “I wanted to express my thoughts but Chief Justice and other judges left the court. I kept waiting in my chamber but did not receive any instructions from CJ for further proceedings,” the note said.
Justice Mandokhail wrote that when he reached his home, an order from CJ was received for signature. The order was not dictated in the courtroom and it was written in my absence without consulting me.
He lamented that three-members of the bench for unknown reasons kept him away from the consultation. I wanted to get the March 1 order solved without any controversy, he expressed.
He wrote March 1 majority ruled detailed judgment was not issued yet and no heed was paid to the matter of March 1.
He stated, the lawyers of political parties also raised the matter but bench members did not respond. In these circumstances, it was not feasible for me to be a part of the bench and I would not put my co-members in any difficulty by being a part of the bench, he added.
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The dissenting note read, crucial constitutional matters were under consideration in the incumbent case. These important constitutional matters must be heard by the full court and solved through collective wisdom, he expressed.
“I would be available if the full court gets constituted otherwise I pray that the decision of my co-member judges establishes the supremacy of the constitution,” he said.
He further said that the case was a continuation of the March 1 decision. From the very first day, I urged the court to solve the matter of the order of the court of March 1, he claimed.
The March 1 order of the court was not released yet, the note stated.