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ISLAMABAD: Two days after two Supreme Court judges refrained from hearing the pleas challenging a presidential reference against Judge Qazi Faez Isa, two more judges withdrew on Thursday from a three-judge SC bank that received a petition filed by Two acting members. of the Electoral Commission of Pakistan (ECP). <\/p>\n
When the court belonging to the SC tribunal examined the case concerning the transfer of challenges to his appointment in the High Court of Islamabad from different higher courts, Judge Manzoor Malik and Judge Sardar Tariq Masood expressed their inability to hear the matter and They withdrew from the court. Bank. <\/p>\n
Consequently, Judge Maqbool Baqar, who headed the bench, referred the matter to the president of the court for the constitution of a different bank. <\/p>\n
On Tuesday, Judge Tariq Masood and Judge Ijaz-ul-Ahsan announced that they would not sit on the SC bench of seven judges to hear Judge Faez Isa's case. <\/p>\n
The petition was filed by retired judge Altaf Ibrahim Qureshi and retired judge Irshad Qasier, PCE members of Punjab and Khyber Pakhtunkhwa, respectively. <\/p>\n
Their appointments were questioned by two little-known political parties in the Sindh High Court and the Lahore High Court on the grounds that none of them had completed a constitutional ban two years after their retirement as judges under Article 207 ( 2) of the Constitution. <\/p>\n
Article 207 (2) states that a person who has held the position of judge of the Supreme Court or of a higher court shall not have any for-profit office serving Pakistan, other than a judicial or quasi-judicial office or office of CEC or of the president or member of a law commission or of the president or member of the Council of Islamic Ideology before the expiration of two years after he has ceased to hold that position. <\/p>\n
The cases are still pending before the two superior courts. <\/p>\n
The members of the PCE in their petition held that the challenges to their appointments in two different higher courts were incompetent, non-maintainable and non-judicial, since they had their offices in Islamabad within the territorial jurisdiction of the IHC. Therefore, they claimed, the Supreme Court should order the transfer of their cases to the IHC, since the quo warranto court order could only be issued by the higher court in the territorial jurisdiction of which the person held public office. <\/p>\n
The petitioners appointed Aam Log Ittehad and its president Wajihuddin Ahmed, the Democratic Party of Saraikistan and its president Rana Mohammad Fraz Noon, the ECP, the former judge of the High Court of Baluchistan withdrew Judge Shakeel Ahmed Baloch and ECP member Abdul Ghaffar as defendants. <\/p>\n
ECP members argued that the petitions against him were not maintainable on multiple charges, and added that the form and process during the course of the hearing at the SHC were such that the normal procedure was dispensed with under the alleged pressure and influence of Wajihuddin Ahmed, a former Supreme Court judge, causing a serious judicial error. <\/p>\n
Respondents also attempted to harass ECP members for personal revenge when they performed their duties and acted in accordance with the law when dealing with their case, they alleged. <\/p>\n
In addition, they argued, the multiplicity of proceedings before different courts could lead to conflicting sentences on the subject, which aggravates their agony and adds that multiple litigation before the higher courts, which lacked jurisdiction in the matter, were negatively affecting the function PCE fluid members. <\/p>\n
"It is not necessary to present that the petitioners are the two members with the chief election commissioner currently working at the PCE," said the petition, adding that multiple litigation challenging their offices before different higher courts were otherwise inappropriate.<\/p>\n
Posted on Dawn, September 20, 2019<\/em><\/p>\n<\/p><\/div>\n<\/pre>\n<\/pre>\n Source: https:\/\/www.dawn.com\/news\/1506244\/two-sc-judges-recuse-from-hearing-ecp-pleas<\/p>","protected":false},"excerpt":{"rendered":" ISLAMABAD: Two days after two Supreme Court judges refrained from hearing the pleas challenging a presidential reference against Judge Qazi Faez Isa, two more judges withdrew on Thursday from a three-judge SC bank that received a petition filed by Two acting members. of the Electoral Commission of Pakistan (ECP). When the court belonging to the […]<\/p>\n","protected":false},"author":1,"featured_media":4266,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[11828],"tags":[],"class_list":["post-4265","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pakistan"],"_links":{"self":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts\/4265","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/comments?post=4265"}],"version-history":[{"count":0,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts\/4265\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/media?parent=4265"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/categories?post=4265"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/tags?post=4265"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}