ISLAMABAD: Justice Yahya Afridi of the Supreme Court Monday expressed his objection to Chief Justice Umar Ata Bandial’s decision to invoke suo motu jurisdiction in order to prevent a potential delay in the conduct of elections in Punjab and Khyber Pakhtunkhwa.
The constitutional provision allows the chief justice to take up cases on his own initiative. Justice Bandial justified his decision, maintaining it is aimed at protecting the Constitution.
In an additional note, Justice Afridi questioned the rationale behind the move, particularly when the matter was already under consideration in the high courts of the two provinces.
“… it appears that prima facie these petitions fall within the purview of Article 184(3) of the Constitution. However, it would not be judicially appropriate to exercise the power to make an order under the aforementioned provision of the constitution given that the matters raised in the petitions are presently pending adjudication before the Lahore High Court and the Peshawar High Court,” his note read.
Afridi said he believes that even though the apex court has the authority to hear the case, the specific circumstances surrounding the LHC decision and the parties’ political positions make it important for the court to exercise caution and avoid rushing to a judgment.
This will in turn help maintain the integrity and perception of the decision-making process of the Supreme Court.
“Therefore, passing any finding or remarks during the proceeding of the present petitions by this court would not only prejudice the contested claims of the parties in the said petition/appeal pending before the respective high courts but, more importantly, offend the hierarchical judicial domain of the high court as envisaged under the Constitution.
It would also disturb the judicial propriety that the high court deserves in the safe, mature, and respectful administration of justice. Accordingly, I dismiss these three petitions,” his note read.
As a result of his objections, Justice Afridi decided to recuse himself from the initial nine-member bench constituted to take up the matter. Consequently, a smaller five-judge bench was formed, with Justice Bandial as its head.
The court order regarding the February 23 hearing has also been released to the public.
