ISLAMABAD: The Chief Justice of Pakistan Justice Umar Ata Bandial was caught surprised while listening to the statement of PDM’s lawyer Farooq H Naek, during which he started reading out a note of Justice Mandokhail, who is also part of the 9-judges bench which is hearing the case of delay in elections in Punjab and KP after the dissolution of provincial assemblies in both of the provinces.
This came just a day after Justice Jamal Khan Mandokhail expressed serious reservations over the invoking of suo motu jurisdiction, adding that “it was not appropriate to refer the matter to the chief justice for taking suo motu notice under Article 184(3) of the Constitution,”
During the course of proceedings today, Farooq H Naek wanted to read out the note of Justice Mandokhail, to which CJP Umar Ata Bandial remarked that he didn’t have that note. On this, Farooq H Naek said Justice Jamal Khan Mandokhail had read it out in open courts, and associate lawyers had taken notes of the same.
WHAT IS THE CONTENT OF JUSTICE MANDOKHAIL’S NOTE?
Justice Mandokhail wrote:
1. Late last night (22.2.2023) I received a file that the Hon’ble Chief Justice has taken suo motu notice on the basis of an order passed by Hon’ble Mr. Justice Ijaz al Ahsan and Hon’ble Mr. Justice Mazahar Ali Akbar Naqvi in CPLA No. 3988 2022, which was filed by Ghulam Mehmood Dogar against order dated 24.11.2022 passed by the Federal Service Tribunal (FST) in respect of his transfer. Learned Mr. Abid S. Zuberi is the counsel of Ghulam Mehmood Dogar.
2. The petition of Ghulam Mehmood Dogar was pending when on 16.2.2023 the learned members of the Bench called the Chief Election Commissioner of the Election Commission of Pakistan who was a party to the petition, and was asked about the holding of elections to the Provincial Assembly of Punjab Irrespective of the reply of the Chief Election Commissioner the Hon’ble Mr. Ijazul Ahsan and Hon’ble Mr. Justice Mazahir Ali Akbar Naqvi deemed it appropriate to refer the matter to the Hon’ble Chief Justice to take suo motu. The matter pertaining to election has no nexus or connection with the above mentioned service matter.
3. It is noteworthy that three audio recordings came out. In one recording learned Mr Abid S Zuberi is reportedly talking to ex Chief Minister about the pending case of Ghulam Mehmood Dogar, which in my opinion was very serious.
4. Besides the learned Judges have already expressed their opinion by stating that “elections are required to be held within 90 days” and that there was eminent danger of violation of the Constitution. With greatest respect the Hon’ble Chief Justice has added to the points mentioned by the two learned Judges and has also expressed his opinion. Such definite opinions have decided this mater and done so without taking into consideration Article 10A of the Constitution
5. Thus in these circumstances it was not appropriate to refer the matter to Hon’ble Chief Justice for taking so mu notice under Article 184(3) of the Constitution. Suo motu action is not justified.
