ISLAMABAD: The Supreme Court, on Monday, dismissed Pakistan Tehreek-e-Insaf (PTI)’s review petition against its judgment, which deprived the party from “cricket bat” symbol in general elections held on February 8, 2024.
A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, after hearing PTI’s lawyers Hamid Khan and Barrister Ali Zafar held: “Since no illegality or error in the judgment has been pointed out by the counsels; therefore, the instant petition is dismissed.”
Hamid told the bench that he does not want to argue; therefore, the Court gave opportunity to other lawyers: Barrister Syed Ali Zafar, Barrister Gohar Ali Khan, and Ajmal Toor. However, Ali Zafar stated he also does not want to argue.
Cricket bat symbol case: PTI seeks constitution of larger bench
Hamid requested the court to record his submission “that a judge who is highly biased against the party should not sit in the bench for hearing of a review petition.”
The chief justice observed that in the last hearing (October 11), Hamid had filed an application for adjournment of the case, but no objection was raised on the bench. Hamid replied he objected about it orally.
Justice Mazhar noted that that the application of biasness is filed, adding it cannot be done orally. Justice Musarrat questioned how they (the bench members) are biased. She further said that in the latest application, filed on October 19, PTI has prayed to form a larger bench, but no point of biasness of the bench was mentioned in it.
At the onset of the proceeding, Hamid Khan argued that the matter be sent to the larger bench as it involves constitutional interpretation. He then cited para 14 of majority judgment in reserved seats and asked the bench to examine it, as no stay has been granted against it so far.
The chief justice questioned why his sitting in the bench was challenged at the first stage. He said they would not make any comment on the judgment, as review petitions against it are pending. The CJP asked Hamid when the judgment on PTI intra-party was announced, and when the review against it was filed?
Hamid submitted that the judgment on PTI’s intra-party was passed on January 13, 2024. The chief justice noted that the party had filed review on February 6, two days before the general elections (February 8). Hamid contended that intra-party verdict became ineffective the moment eight judges’ verdict came.
Copyright Business Recorder, 2024
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