PM disqualification case: Apex court rejects formation of larger bench

Petitioner argues larger bench should be constituted as all eyes are on apex court due to current critical situation

ISLAMABAD: The Supreme Court on Wednesday rejected a plea regarding the constitution of a larger bench to hear Prime Minister Nawaz Sharif’s disqualification case.

Advocate Gohar Nawaz Sindhu, one of the applicants in this case, moved an application on Tuesday in the apex court requesting the formation of a larger bench due to the importance questions are involved.

The petitioner, in his plea, submitted that all eyes were on the apex court due to the current critical situation, thereby a larger bench should be constituted. Adding more reasons for the formation of a larger bench, he stated that the interpretations of Articles 62, 63, 66, 69, 227 and 248 of the Constitution were required.

A three-judge bench of the apex court, headed by Justice Jawwad S Khawaja, is hearing petitions filed by the Pakistan Muslim League-Quaid (PML-Q) chief Chaudhry Shujat Hussain, Pakistan Tehreek-e-Insaf (PTI) leader Ishaq Khan Khakwani and one lawyer Gohar Nawaz regarding the disqualification of the prime minister.

Three petitioners are seeking the premier’s disqualification under Article 62 (f) of the Constitution – contending that the prime minister had recently given a ‘false statement’ in the National Assembly regarding the involvement of the army chief in negotiating with the leaders of protest camps currently set up in Islamabad.

Meanwhile, PTI and PML-Q on Wednesday also submitted pleas regarding the constitution of a larger bench, and the PTI leader has raised objections over Justice Jawwad S Khawaja hearing the case of the premier’s disqualification.

“It is also a well-known fact that some of the judgments of Justice Jawwad Khawaja have caused members of the bench and the bar to express serious reservations against the said decisions,” the application said.

PTI counsel Irfan Qadir submitted the plea that the applicant is aware that he cannot choose his own judge, however the applicant has the right to object to a particular judge when there is serious apprehension on his part that justice may not be done or the applicant may not get a fair trial.

“In the circumstances explained above, the applicant has every reason to believe that justice would not be done unless Justice Jawwad Khwaja declines to hear this case. The applicant hopes that Justice Khawaja should not insist on continuing with the hearing of the titled petition and moreso when these cases can be heard by any of the remaining sixteen judges of the apex court,” he said.

After a brief hearing on Monday, the plea to disqualify PM was adjourned by the SC until October 2 due to shortage of time.

During the hearing on Monday, Justice Jawwad S Khawaja has observed that the petitioners may file an application to the chief justice regarding the constitution of a larger bench in this case. Justice Khawaja says that it is the authority of the chief justice to form a larger bench in any case.

On the last date of the hearing of this case, the bench hinted the examination of the constitutional provisions that bar the court to question the proceedings of Parliament.

Justice Mushir Alam, during the brief hearing on Monday, asked counsels for the applicants to come prepared after going through Articles 68, 69 and 95 of the Constitution along with their implications on the next date of the hearing.