Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, leading a five-member bench, rejected a request to recuse himself during the hearing of a case against the Lahore High Court's decision to form election tribunals on Tuesday.
The apex court later concluded the hearing of the ECP's plea, saying it will announced a short order soon.
According to the 24NewsHD TV channel, the case was being heard in the Supreme Court when Pakistan Tehreek-e-Insaf (PTI) candidate Salman Akram Raja's lawyer Hamid Khan raised an objection and appealed the CJP to step down from the case.
In response, Chief Justice Qazi Faez Isa told Hamid Khan to rescue yourself from the case. The CJP also instructed him to remain seated, stating he would address the matter later. Following this, lawyer Hamid Khan left the courtroom.
During the hearing, Chief Justice Isa emphasised the constitutional framework, noting that the term of the parliament is strictly five years and cannot be extended. The CJP stressed that if the constitution is fully implemented, many legal issues would be resolved.
Discussing the election tribunal formation, the CJP highlighted that the number of tribunals should be based on the caseload. Reducing the number of judges in relation to pending cases would be unfair, though he admitted he did not have full knowledge of how many cases were pending in Balochistan or Punjab.
Justice Aqeel Abbasi noted that, according to the Election Commission of Pakistan (ECP), the issue had been resolved in consultation with the Lahore High Court (LHC). The ECP's lawyer confirmed that the Chief Justice of the LHC had established four election tribunals, which the ECP would appoint.
Justice Jamal Mandokhail also clarified that delays in the case were due to the unavailability of lawyer Salman Akram Raja, who had been abroad, and not because of the court's functioning.
On this, the CJP remarked on the media's misreporting and criticised the spreading of falsehoods for earning dollars, stating that it is not the Supreme Court’s role to continuously issue clarifications on such matters. He said, 'It is not the media cell of the Supreme Court that we continue to issue clarifications.'
CJP ordered the ECP to ensure the establishment of the remaining tribunals within a week. He said they are not bound by the decisions of the Supreme Court, and they will not allow a stay order until the term of the Parliament is completed. He added that they are not the judges who do not hear the case of stay order and the term of the Parliament ends.
The Chief Justice said the Constitution is a complicated book which only a wise person can understand, the country needs stability, we are not enemies of anyone, we are residents of a country.
We have to learn that the work of institutions is not correspondence, the language used in correspondence is not the way to run the country, the CJP said.
He said the Deputy Speaker also violated the constitution by getting a stay order; now maybe that Deputy Speaker has gone underground, there are conflicts, but not to attack the institutions.
Salman Akram Raja said the Election Commission has no authority to decide which judge will hear the case in which tribunal. The court reserved the verdict in the election tribunal case.