Disqualification case: PTI raises objection over Justice Khawaja
Says it has reservations over the head of the bench
ISLAMABAD:
Pakistan Tehreek-e-Insaf (PTI) has raised objection over Supreme Court’s senior most judge, Justice Jawwad S Khawaja, who at present heads the three-judge bench hearing a case regarding disqualification of Prime Minister Nawaz Sharif for allegedly making a false statement in parliament.
PTI leader Ishaq Khan Khakwani through his counsel Irfan Qadir moved on Wednesday an application in the apex court, requesting that Justice Jawwad S Khawaja should recuse himself from the bench hearing the disqualification case.
The applicant said he and his party had reservations over the fixation of the case before the said senior judge. He said the reservations were however further fortified when the PM’s disqualification came up for hearing on September 29 and Justice Jawwad expressed displeasure that the case was called but the applicant was not present in court.
“This unexpected and uncalled for unpleasantness coupled with the facts has made it all the more necessary for the applicant to seek recusal of Justice Jawad S Khawaja from the titled case,” it said.
The application said it was also a well-known fact that over some of Justice Khawaja’s judgments, members of the bench and the bar had expressed serious reservations.
“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.
SC rejects plea
Meanwhile, Chief Justice of Pakistan Nasirul Mulk rejected a plea regarding the constitution of a larger bench to hear the PM’s disqualification.
Two applicants – Pakistan Muslim League-Quaid (PML-Q) chief Chaudhry Shujaat Hussain and Advocate Gohar Nawaz Sindhu – had moved applications, arguing that formation of a larger bench was vital as important questions were involved in the matter and ‘all eyes are on the apex court’.
Three petitioners – including the PTI – are seeking the premier’s disqualification under Article 62 (f) of the Constitution. They claim 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 parties, staging sit-ins in Islamabad.
After a brief hearing on Monday, the SC had adjourned the plea to disqualify PM till October 2 (today). On the last date of the hearing, the bench has also hinted at examining constitutional provisions that bar the court to question the proceedings of parliament.
Published in The Express Tribune, October 2nd, 2014.
Pakistan Tehreek-e-Insaf (PTI) has raised objection over Supreme Court’s senior most judge, Justice Jawwad S Khawaja, who at present heads the three-judge bench hearing a case regarding disqualification of Prime Minister Nawaz Sharif for allegedly making a false statement in parliament.
PTI leader Ishaq Khan Khakwani through his counsel Irfan Qadir moved on Wednesday an application in the apex court, requesting that Justice Jawwad S Khawaja should recuse himself from the bench hearing the disqualification case.
The applicant said he and his party had reservations over the fixation of the case before the said senior judge. He said the reservations were however further fortified when the PM’s disqualification came up for hearing on September 29 and Justice Jawwad expressed displeasure that the case was called but the applicant was not present in court.
“This unexpected and uncalled for unpleasantness coupled with the facts has made it all the more necessary for the applicant to seek recusal of Justice Jawad S Khawaja from the titled case,” it said.
The application said it was also a well-known fact that over some of Justice Khawaja’s judgments, members of the bench and the bar had expressed serious reservations.
“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.
SC rejects plea
Meanwhile, Chief Justice of Pakistan Nasirul Mulk rejected a plea regarding the constitution of a larger bench to hear the PM’s disqualification.
Two applicants – Pakistan Muslim League-Quaid (PML-Q) chief Chaudhry Shujaat Hussain and Advocate Gohar Nawaz Sindhu – had moved applications, arguing that formation of a larger bench was vital as important questions were involved in the matter and ‘all eyes are on the apex court’.
Three petitioners – including the PTI – are seeking the premier’s disqualification under Article 62 (f) of the Constitution. They claim 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 parties, staging sit-ins in Islamabad.
After a brief hearing on Monday, the SC had adjourned the plea to disqualify PM till October 2 (today). On the last date of the hearing, the bench has also hinted at examining constitutional provisions that bar the court to question the proceedings of parliament.
Published in The Express Tribune, October 2nd, 2014.