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Tense Exchange Between CJP Qazi Faiz Isa and PTI’s Hamid Khan During Review Petition Hearing
Bitter exchanges occurred during PTI's review petition hearing on intra-party elections as CJP Qazi Faiz Isa and lawyer Hamid Khan clashed. PTI questioned the bench's ability to hear the case, citing bias.
ND
by News Desk
2024-10-21
Tense Exchange Between CJP Qazi Faiz Isa and PTI’s Hamid Khan During Review Petition Hearing

A tense and heated exchange unfolded in the Supreme Court during the hearing of Pakistan Tehreek-e-Insaf’s (PTI) review petition on its intra-party elections. Chief Justice of Pakistan (CJP) Qazi Faiz Isa and PTI's legal representative, Hamid Khan, exchanged sharp remarks over the composition of the bench and the fairness of the court proceedings.

 

Objections Raised by PTI Counsel

Hamid Khan, representing PTI, objected to the current three-member bench hearing the case, pointing out that a 13-member bench had already delivered a ruling in a related case involving the Sunni Ittehad Council. He requested that the matter be referred to a larger bench, expressing concerns about the partiality of the current panel.

 

CJP Qazi Faiz Isa responded firmly, stating that the review petition required the focus to be on legal issues rather than the size of the bench. He emphasized that the case of reserved seats is still under review, and no decision would be considered until that review is complete. In a pointed remark, Justice Isa urged the counsel to argue directly in the courtroom rather than outside, possibly alluding to media discussions.

 

“Speak your mind here,” said CJP Isa. “Do not say one thing in court and another outside.”

 

Hamid Khan, visibly uncomfortable, responded by saying that he could not argue in front of a biased judge. To this, CJP Isa replied that he could not force anyone to argue and called for other lawyers from PTI, including Ali Zafar, to present their case if they wished.

 

Court Frustration with PTI’s Delay

Justice Musrat Hilali joined the Chief Justice in expressing frustration at PTI’s repeated delays in conducting intra-party elections. She noted that intra-party elections are a straightforward process that could be completed in a matter of weeks. She questioned why PTI continued to postpone these elections, which have been a point of contention.

 

Justice Muhammad Ali Mazhar also weighed in, pointing out that PTI’s election constitution is clear and transparent. He urged the party to either follow the rules or amend its constitution if it was unwilling to comply.

 

Ali Zafar's Reference to the 26th Amendment

Later, Barrister Ali Zafar came forward and referred to the recently passed 26th Constitutional Amendment, which alters judicial powers. He argued that the current bench could no longer hear the case under the new amendments. However, CJP Isa quickly dismissed this, stating that the court was unaware of any such amendment affecting their jurisdiction over this particular case.

 

“You cannot dictate to us what we can and cannot hear,” CJP Isa remarked firmly, concluding the discussion on that point.

 

Conclusion

After heated debates and repeated objections by PTI’s legal team, the Supreme Court ultimately upheld its previous decision regarding PTI’s intra-party elections. CJP Qazi Faiz Isa remarked that no substantial legal errors were identified in the court's original ruling, dismissing the review petition. The tense atmosphere during the hearing highlighted the deepening rift between PTI and the judiciary, with accusations of bias and partiality clouding the legal proceedings.

 
Tagged:

PTI

IntraPartyElections

PakistanJudiciary

SupremeCourt

JusticeQaziFaizIsa

HamidKhan
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