Accepting an application for restoration of a plea seeking referendum on controversial Kalabagh Dam, a three-member bench on Thursday referred the matter to the Chief Justice of Pakistan for constitution of another bench to hear the case. Watan Party Chief Barrister Zafarullah filed a plea in Supreme in 2002. Notices were issued to Attorney General for Pakistan, all the advocates general and Pakistan Engineering Council in 2006.
Zafarullah filed an application for an early hearing of the matter. The petition was fixed for hearing last month but it was dismissed as Zafarullah was not present in the court. Again Zafarullah challenged the dismissal orders on grounds that he was on adjournment to which a three-member bench led by Justice Gulzar Ahmed, comprising Justice Umar Ata Bandial and Justice Maqbool Baqar, accepted his application for restoration of the petition.
After accepting the application, a member of the bench, Justice Ata Bandial, said that he being the Chief Justice of Lahore High Court had decided the same nature of matter so it seemed logical that he should recuse himself from the case. To which, the bench referred the matter to the Chief Justice of Pakistan Anwar Zaheer Jamali for constitution of another bench to hear the plea.