SC judge Bandial proposed expansion of Supreme Court bench strength
A Chatter in the Capital: Former Chief Justice Umar Ata Bandial's Plea for More Supreme Court Judges
In a surprising revelation, Justice Jamal Khan Mandokhel disclosed that the ex-Chief Justice of Pakistan, Umar Ata Bandial, had actually petitioned for an expansion of the Supreme Court bench. This shocking revelation was made during a hearing where Hamid Khan, representing the Sunni Ittehad Council, argued for the inclusion of judges who had passed the majority judgment on reserved seats to be part of the constitutional bench reviewing these cases.
According to Justice Mandokhel, Bandial's plea was aimed at increasing the number of Supreme Court judges in order to handle the influx of cases requiring review. However, the specific reasons for the delay in acting on this request remain unclear.
Meanwhile, an 11-member Constitutional Bench, led by Justice Aminuddin Khan, is currently hearing review petitions from Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples' Party (PPP), and the Election Commission of Pakistan (ECP). This hearing was livestreamed on the SC's YouTube channel.
During the hearing, the former Chief Justice's plea for additional judges was brought up. At the outset, Justice Mandokhail questioned a PTI lawyer about whether the 3-day time limit given in Article 51 of the constitution had been extended in the 8-judge's verdict. However, the PTI lawyer denied this.
As the hearing proceeded, various questions were raised about the status of the PTI, the ECP's refusal to recognize it as a political party, and the candidates' party affiliations. Justice Muhammad Ali Mazhar questioned whether Section 94 was still part of the Elections Act, to which the PTI lawyer responded that he had challenged this provision in the apex court, but his petition had been returned without an order. He added that the majority judgment had declared the Explanation in Section 94 unconstitutional.
Throughout the hearing, questions were raised about various aspects of the case, with some judges expressing concerns about complete justice and the fear that candidates might face if they declared their affiliation with a political party. The case was adjourned until Friday (June 27).
Former Chief Justice Bandial's plea for more judges remains a topic of discussion, with many speculating about the reasons behind the delay in actioning his request. The complex political landscape of Pakistan during Bandial's tenure, along with ongoing tensions between the judiciary and other state institutions, could potentially have contributed to the delay. However, without official clarification, these are mere assumptions.
[1] Justice Mandokhel divulged that while responding to the arguments of Hamid Khan that more judges were inducted in the Supreme Court (SC) so they be included in the constitutional bench for hearing of review petitions against the SC's judgment on reserved seats.[3] Criticism from the National Assembly and political instability concerns during Bandial's tenure, which might have contributed to delays in processing such requests.
[1] The discussion about inducing more judges into the Supreme Court (SC) was sparked by Hamid Khan's arguments, aiming for such judges to be part of the constitutional bench reviewing cases.
[3] The delay in acting upon former Chief Justice Bandial's request for additional SC judges might have been influenced by criticism from the National Assembly and political instability concerns during his tenure.
