LHC judge recuses himself from bench hearing Musharraf, Zardari's pleas

Lahore High Court’s (LHC) senior puisne judge Justice Malik Shahzad Ahmad Khan recused himself from a full bench hearing petitions of former presidents General Pervez Musharraf, Asif Ali Zardari and ex- premier Yousuf Raza Gilani, on Monday.

A three-member bench headed by LHC Chief Justice Muhammad Ameer Bhatti was hearing these cases. The petitions, filed around 10 years ago, were being heard by different benches earlier.

These petitions pertained to the emergency imposed by Musharraf, Zardari’s act of pardoning Rehman Malik and different petitions concerning disqualification of former premier Gilani.

The cases were pending in the LHC for quite some time till CJ Bhatti constituted a new bench to continue their hearings. Justice Malik Shahzad Ahmad Khan and Justice Shujaat Ali Khan were the other two members.

As the proceedings commenced, LHC CJ remarked that a senior judge did not want to become part of the bench. He added that although these petitions were infructuous, an appropriate order could not be passed in this situation.

The LHC CJ informed the petitioners' counsels that a new bench will be constituted.
A similar instance had occurred in February when Islamabad High Court judge Justice Mohsin Akhtar Kayani recused himself from further hearing a petition filed by former DG Inter-Services Intelligence Lt Gen (retd) Asad Durrani, seeking removal of his name from the Exit Control List.