Heading a two-judge bench before which the matter was taken up in the open court, the top provincial judge recalled that he himself was among those affected on that day and that his driver had filed an affidavit in these proceedings. Therefore, he declined to hear the matter.
"Not to be fixed before a bench of which one of us i.e. Sajjad Ali Shah, CJ, is a member," wrote the two judges in their order.
The bench, however, directed the office to place the matter before the Division Bench-II, which is headed by the senior puisne judge, Justice Ahmed Ali M Sheikh.
Last week, CJ Shah had allowed an application seeking urgent hearing of the suo motu proceedings seeking inquiry into the violent clashes, in which over 50 people, mostly political activists and lawyers, were killed, during the visit of former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.
The urgent application was filed by Syed Muhammad Iqbal Kazmi, whose petition is also tagged with the suo motu proceedings. In the petition, he had named Muttahida Qaumi Movement chief Altaf Hussain, former home adviser Wasim Akhtar, former provincial home secretary, the then Sindh IG, former Rangers DG and former City Courts SHO, among others.
Published in The Express Tribune, November 23rd, 2016.
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