PM’s disqualification case: SC rejects petition seeking recusal of Justice Khawaja

Khakwani has moved another application challenging the apex court’s objection

ISLAMABAD: The Supreme Court registrar’s office refused to entertain the plea of Pakistan Tehreek-e-Insaf’s (PTI) leader that sought the recusal of Justice Jawwad S Khawaja from the prime minister’s disqualification case, The Express Tribune has learnt

Justice Khawaja is currently heading a three-member bench hearing the case regarding the disqualification of Prime Minister Nawaz Sharif over allegedly making a ‘false statement’ in parliament.

On October 1, PTI leader Ishaq Khan Khakwani, through his counsel Irfan Qadir, moved an application in the apex court, requesting that Justice Khawaja recuse himself from the case.

However, the SC registrar’s office rejected the PTI leader’s plea for the recusal, stating the “application contains contemptuous language”.

With the bench set to take up the disqualification case today (Tuesday), Khakwani has moved another application challenging the SC’s objection over his plea for recusal.

The fresh application contended that the SC registrar did not mention the parts in the earlier application that they termed contemptuous.

“In the absence of such a mention, the impugned order (by registrar) is devoid of the grounds or the legal foundations on which the same could be passed in law,” it states.

He went on to argue that his application did not include anything that could be termed contemptuous since the relevant documents which go on to establish the contents of the recusal application are appended.

Khakwani told The Express Tribune they have requested the court to first hear his plea for the recusal of Justice Khawaja from the bench on Tuesday (today).

He went on to elaborate his party’s reservations over the senior judge’s inclusion in the bench for the case. “The unexpected and uncalled for unpleasantness (over premier’s disqualification case) coupled with the facts has made it all the more necessary for the applicant to seek recusal of Justice Khawaja from the titled case,” Khakwani said in his application.

“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,” it said.

Published in The Express Tribune, October 21^st, 2014.