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Thursday March 27, 2025

9 PTI-affiliated MPs seek recusal of CJP in election tribunals case

MPs sought permission to file their applications for recusal of Justice Isa from the bench hearing

By Sohail Khan
August 18, 2024
Chief Justice of Pakistan (CJP) Qazi Faez Isa. — Supreme Court website/ File
Chief Justice of Pakistan (CJP) Qazi Faez Isa. — Supreme Court website/ File

ISLAMABAD: Nine Pakistan Tehreek-e-Insaf (PTI) affiliated candidates who had contested the February 8 elections on different National and provincial assemblies’ constituencies have sought recusal of Chief Justice of Pakistan (CJP) Qazi Faez Isa from the bench hearing the matter of Election Tribunals appointed in Punjab for addressing elections disputes.

A five-member larger bench of the apex court headed by the CJP would take up on August 19, appeal of Election Commission of Pakistan (ECP) against Lahore High Court judgement, appointing eight election tribunals in Punjab for addressing elections disputes from the February 8 general elections.

The other members of the bench include Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Aqeel Ahmed Abbasi.

Previously, on July 4, the Supreme Court had suspended the LHC judgement and its notification regarding the appointment of eight election tribunals in Punjab. This suspension was in effect until the completion of consultations between the LHC chief justice and ECP.

In their application submitted to Registrar Supreme Court, the MPs sought permission to file their applications for recusal of Justice Isa from the bench hearing the Election Tribunal matter.

The nine PTI-affiliated candidates included Chaudhry Muhammad Nazir, Hassan Addel, Nasir Khan, Raja Rasheed Hafeez, Saad Ali Khan, Seemabia Tahir, Shehryar Riaz, Shaukat Iqbal Mirza and Shaukat Mahmood who were respondents in the case of Election Tribunals matter.

They informed the Registrar that they attempted to file a Civil Miscellaneous Application in the matter respectfully seeking recusal of the chief justice from hearing the matter on certain legal grounds.

However, they said that the Advocate-on-Record (AOR) refused to file their applications for the reasons best known to the said Advocate-on-Record (and not communicated to them in writing).

Thereafter, they submitted that they attempted to file the said application in person. However, the Institution Branch in the Office of the Supreme Court refused to receive the application on the ground that it could not be filed in person.

They further submitted that for fair adjudication of the matter they may kindly not be prevented from filing the application due to an arbitrary refusal to do so.

They requested the Registrar to permit them filing of the application in person as the matter is already fixed for hearing on Monday, Aug 19.

Meanwhile, senior advocate Hamid Khan has sought adjournment in the matter.

Hamid Khan, who is the counsel for respondent Salman Akram Raja, filed an application through Advocate on Record (AOR) Syed Rifaqat Hussain has filed an application in the apex court seeking adjournment in the case. It was submitted that Hamid Khan is out of country from August 16, 2024 to September 6, 2024 and would not be able to appear before the court on August 19 therefore, he requested that the case may kindly be adjourned.