Pakistan Tehreek-e-Insaf (PTI) on Tuesday filed an application in the Supreme Court, requesting the apex court to constitute a larger bench and separate Justice Jawwad S. Khawaja from a three-member bench hearing Prime Minister Nawaz Sharif's disqualification case.
A three-member bench headed by Justice Jawad S Khawaja resumed the hearing of petitions filed by Pakistan Muslim League-Quaid (PML-Q) chief Chaudhry Shujaat Hussain, Pakistan Tehreek-e-Insaf (PTI) leader Ishaq Khan Khakwani and lawyer Gohar Nawaz Sindhu, seeking disqualification of the premier.
During the course of proceedings, Khakwani through his counsel, Irfan Qadir, filed an application for the formation of a larger bench and pleaded before the court to separate Justice Jawad S. Khawaja from the bench hearing the PM disqualification case. Qadir pleaded that the petition was about basic human rights, adding that regular benches of the apex court had recommended the formation of a larger bench during the proceeding of premier's disqualification case in past. He maintained that lager benches were formed for hearing of cases against former prime ministers Syed Yousuf Raza Gilani and Zulifiqar Ali Bhutto.
Justice Khawaja remarked that petitioners often file such applications in which they demand formation of larger benches or express reservations on any judge during the hearing of cases. He asked the petitioner let the court understand the whole matter, after which the court may recommend formation of a larger bench. Justice Qazi Faiz Esa observed that Chief Justice Nasirul Mulk had already rejected the plea to form a larger bench of the apex court to hear Prime Minister Nawaz Sharif's on-going disqualification case.
Qadir told the bench that the petition which was rejected by the CJP was not about the separation of Justice Khawaja from the said bench, as it was about the formation of a larger bench. He added that the said petition does not fall in the CJP's jurisdiction and prayed before the bench to hear the application. The court decided to hear the application on the next date of hearing and adjourned proceedings of the case till Thursday. Earlier, the CJP rejected a plea to form a larger bench of the apex court to hear Prime Minister Nawaz Sharif's on-going disqualification case filed by Pakistan Muslim League - Quaid (PML-Q) chief Chaudhry Shujaat Hussain.
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