ISLAMABAD: The five-member larger bench of the Supreme Court of Pakistan on Thursday dismissed objections raised by the PTI legal team, stating that the chief justice cannot compel any judge to sit on a bench and found the objections to be legally unjustified.
Addressing the late filing of the review petition, the court clarified that the petition was submitted 21 days before the detailed decision was issued, dismissing PTI’s concerns.
PTI’s lawyer Barrister Ali Zafar had also questioned the formation of the bench, objecting to the inclusion of certain judges.
The Supreme Court maintained that bench formation follows legal protocols and emphasised that Justice Mansoor Ali Shah had voluntarily excused himself, leading to Justice Naeem Akhtar Afghan’s inclusion.
The court further addressed PTI’s claim that the review petition was heard out of turn, stating that the petition was correctly scheduled and that opposition to its timing lacked support from the Additional Attorney General and Farooq H. Naek, with Ali Zafar being the sole objector.
Additionally, the court clarified the role of the President in filing references, stating that as a symbol of national unity, the President is not required to issue notices to every citizen when filing a reference, thus outlining the legal process.
Regarding bench formation, the Supreme Court reiterated that while the chief justice oversees bench formation, he is not legally obligated to explain his decisions. In this case, the chief justice voluntarily issued a clarifying statement despite no legal requirement.
