Only in Land of the Pure

[s.shahid]

Athar Minallah writes in his judgement dated 27.2.2023

‘I am of the opinion that it is implicit in the language of Article 184(3) that the conferred extraordinary original jurisdiction must be entertained and heard by the full court.’

Same observation of case being heard by full court is repeated in next sentence too.

The order of the bench (including that of Syed Mansoor Ali Shah, Yaha Afridi, Athar Minallah and Jamal Khan) was to reconstitute the bench.

https://www.supremecourt.gov.pk/downloads_judgements/s.m.c._1_2023_23022023.pdf

But all of a sudden they all back tracked on their own order and made it a 4-3 judgement when clearly they have ordered chief Justice to reconstitute the bench. Funny enough they even forgot it was a 9-member bench and not a 7-member bench.

Syed Mansoor Ali Shah went two steps ahead of Athar Minallah:

Like Athar Minallah, Mansoor Ali shah first ordered for the bench to the reconstituted. Conveniently sat in the reconstituted 5-member bench forgetting the case is settled 4-3 (as per his imagination). Funny enough Mansoor Ali Shah than signed the 3:2 order of the reconstituted 5-member bench and quietly sat in the court room when the order was being read out as by a majority of 3:2 (with his name as a dissenting Judge)

https://www.supremecourt.gov.pk/downloads_judgements/s.m.c._1_2023_01032023.pdf

Now all of a sudden, these Judges have made the original order 4:3, backtracking on their own order and forgetting it was a 9-member bench.

 

[Siberite]

Athar Minallah writes in his judgement dated 27.2.2023

‘I am of the opinion that it is implicit in the language of Article 184(3) that the conferred extraordinary original jurisdiction must be entertained and heard by the full court.’

Same observation of case being heard by full court is repeated in next sentence too.

The order of the bench (including that of Syed Mansoor Ali Shah, Yaha Afridi, Athar Minallah and Jamal Khan) was to reconstitute the bench.

https://www.supremecourt.gov.pk/downloads_judgements/s.m.c._1_2023_23022023.pdf

But all of a sudden they all back tracked on their own order and made it a 4-3 judgement when clearly they have ordered chief Justice to reconstitute the bench. Funny enough they even forgot it was a 9-member bench and not a 7-member bench.

Syed Mansoor Ali Shah went two steps ahead of Athar Minallah:

Like Athar Minallah, Mansoor Ali shah first ordered for the bench to the reconstituted. Conveniently sat in the reconstituted 5-member bench forgetting the case is settled 4-3 (as per his imagination). Funny enough Mansoor Ali Shah than signed the 3:2 order of the reconstituted 5-member bench and quietly sat in the court room when the order was being read out as by a majority of 3:2 (with his name as a dissenting Judge)

https://www.supremecourt.gov.pk/downloads_judgements/s.m.c._1_2023_01032023.pdf

Now all of a sudden, these Judges have made the original order 4:3, backtracking on their own order and forgetting it was a 9-member bench.

The Full bench should have constituted, not allowing their own 2 moles in a three-member bench including CJ. How the heck Ijaz Ul Hasan allowed to sit in this 3-members bench when he rescued himself from original bench?

The CJ was trying to pull a fast one. He got caught and now the poties are coming to help him.

 

[cestmoi ✅️]

فل بینچ بن بھی جاتا تو انہوں نے پھر بھی یکیاں کرنی تھی, کیونکہ الیکشن کروانا ہی نہیں

 

[Uxi.Ali]

The Full bench should have constituted, not allowing their own 2 moles in a three-member bench including CJ. How the heck Ijaz Ul Hasan allowed to sit in this 3-members bench when he rescued himself from original bench?

The CJ was trying to pull a fast one. He got caught and now the poties are coming to help him.

jb aap k 2 judges decision anay k baad PDM ka likha hua dissent note dain... jb PDM k lawyer k pass Mandokhel k likha hua dissenting note Chief Justice se pehlay pohanch jaye.. to beta Justice Ejaz Ul Ahsan k waapis anay pe Randi Rona banta nhi hai

 

[s.shahid]

The Full bench should have constituted, not allowing their own 2 moles in a three-member bench including CJ. How the heck Ijaz Ul Hasan allowed to sit in this 3-members bench when he rescued himself from original bench?

The CJ was trying to pull a fast one. He got caught and now the poties are coming to help him.

When did Ijaz ul ahsan rescue from the bench? Court order doesn't say so, when asked in the courtroom govt lawyers couldn't answer this too. Ijaz ul ahsan restored the assembly 1 year ago when pdm formed govt, tab tu woh mol nahi tha.

Justice manzoor ali shah and mandokhail had already given their mind in 9 member bench case but they were still made part of the bench. Besides full court request was only by one judge out of 9. The final order was to reconstitute the bench not full court demand.

Fact remains these 4 Judges has changed their own order in detailed reasoning. Yeah duniya kay pehlay Judges hain Jo case ko 4-3 dismiss ker kay CJ ko bench reconstitute ki request ker daitay hain and funny enough forgets to write in the order case is dimissed 4-3. Ab mole kon hoa Jo eak narrative ko promote kernay kay liay apnay ki order say mukar jai ya koi aur?

 

[Siberite]

When did Ijaz ul ahsan rescue from the bench? Court order doesn't say so, when asked in the courtroom govt lawyers couldn't answer this too. Ijaz ul ahsan restored the assembly 1 year ago when pdm formed govt, tab tu woh mol nahi tha.

Justice manzoor ali shah and mandokhail had already given their mind in 9 member bench case but they were still made part of the bench. Besides full court request was only by one judge out of 9. The final order was to reconstitute the bench not full court demand.

Fact remains these 4 Judges has changed their own order in detailed reasoning. Yeah duniya kay pehlay Judges hain Jo case ko 4-3 dismiss ker kay CJ ko bench reconstitute ki request ker daitay hain and funny enough forgets to write in the order case is dimissed 4-3. Ab mole kon hoa Jo eak narrative ko promote kernay kay liay apnay ki order say mukar jai ya koi aur?

Look at the original request to reconstitute the bench from 9 members to 7 members. Two Judges, including Ejaz Ul Hasan rescued himself for further hearing of the same case.

When the CJ reconstitute the bench for last 3 members, he was included back again. Now that is a joke, in fact a mockery of justice.

Ather Min Allah, reinforced the point that the real decision is still 4 to 3 for the Suo moto action bench and it is lacking the proper jurisdiction of SC to constitute such a Bech while the case was still being perused in High court. It is a definitely maintainability issue and has nothing to do with either the constitution requirement of holding the elections within 90 days is valid or not.

 

[Siberite]

jb aap k 2 judges decision anay k baad PDM ka likha hua dissent note dain... jb PDM k lawyer k pass Mandokhel k likha hua dissenting note Chief Justice se pehlay pohanch jaye.. to beta Justice Ejaz Ul Ahsan k waapis anay pe Randi Rona banta nhi hai

What do you think the CJ is not biased ? When he insists of not constituting the full bench after every segment of the law community asked him to do so for the sake of the fairness of the justice and the credibility of the SC.
It is a decision no one liked, especially when he infringed the right of the EC and set aside a date for the election and issued schedule. It is for sure a transgression of the right of EC of Pakistan.

 

[s.shahid]

Look at the original request to reconstitute the bench from 9 members to 7 members. Two Judges, including Ejaz Ul Hasan rescued himself for further hearing of the same case.

When the CJ reconstitute the bench for last 3 members, he was included back again. Now that is a joke, in fact a mockery of justice.

Ather Min Allah, reinforced the point that the real decision is still 4 to 3 for the Suo moto action bench and it is lacking the proper jurisdiction of SC to constitute such a Bech while the case was still being perused in High court. It is a definitely maintainability issue and has nothing to do with either the constitution requirement of holding the elections within 90 days is valid or not.

Look at the original request to reconstitute the bench from 9 members to 7 members. Two Judges, including Ejaz Ul Hasan rescued himself for further hearing of the same case.
When the CJ reconstitute the bench for last 3 members, he was included back again. Now that is a joke, in fact a mockery of justice.

And who told you this? Atleast read the order before you reply, same was the case with govt lawyers, when asked to read the order and reply, they couldn't. Read again, 9 member bench signed to reconstitute the bench. Order of the court has signature of 9 members, not 7, so how can it be a 4-3 judgement?

Ather Min Allah, reinforced the point that the real decision is still 4 to 3 for the Suo moto action bench and it is lacking the proper jurisdiction of SC to constitute such a Bech while the case was still being perused in High court.

There were no arguments, how could there be a 4-3 judgement, the order of the bench was to reconstitute the bench. Atleast read the judgement before you quote a judge. Ather Minallah didnt say matter is before high court so SC should not take up suo moto. It was justice sajjad ali shah who said (ironically Justice Sajjad Ali shah a month prior had said the exact opposite to this in another judgment, that case of utmost importance can be taken by SC when it pending before high court).

Athar Minallah was asking for a full court bench, if he was of the opinion SC cannot take the matter already pending before high court (which by the way he was not), why was he asking the chief justice to reconstitute the bench (and effectively take up the suo moto). That would have been a contradiction of the highest order.

By the way you and others still couldn't answer following questions?

1. If 4 members had dismissed the case 4-3, why the court order doesn't say so? And more importantly if the case had already been dismissed 4-3, why the 4 majority judges were asking for another bench to hear the matter? That would have been first of a kind, where judges dismiss a case and than ask CJ to make another bench. What would have the other bench done, if they case was already settled (dismissed)?

2. If the case was dismissed 4-3, why justice sajjad and mandokhail, sat in the reconstituted 5 member bench? What was that bench going to do, if the matter had already been settled? Funny enough they even signed that order 3:2, forgetting that the matter had already been settled 4-3?

 

[Uxi.Ali]

What do you think the CJ is not biased ? When he insists of not constituting the full bench after every segment of the law community asked him to do so for the sake of the fairness of the justice and the credibility of the SC.
It is a decision no one liked, especially when he infringed the right of the EC and set aside a date for the election and issued schedule. It is for sure a transgression of the right of EC of Pakistan.

isnt this the same CJ who forced IK to do the VONC.. IK could have been stubborn like PDM and simply say 'Hey frick you man.. have the balls to make a full court as we have invoked SECTION 5 of the constitution!!''.. but he didnt and respected the decision

Remember that that issue was a bigger controversy as IK was constantly calling out that there are conspiracies being hatched against me both from inside and outside.. yet the CJ made a decision with 5 bench and everyone accepted that.. GLADLY for some

Now, the fact of the matter is that all Judges and CJ are saying that there is no denying that elections are to be held within 90 days.. AS PER CONSTITUTION.. i dont understand what are they and PDM trying to play at now!.. when constitution says 90 days, then its 90 days.. just as VONC was to be done as per the TIME LIMIT

 

[Uxi.Ali]

if you can explain to me what PDM will achieve by making a full court, i would be glad to hear their side of view.. they cant possibly say that we dont give a fuck about the constitution and we will not conduct the elections.. becuz they have to do the elections within the stipulated time limit.. YES or YES... and i am 100% sure other than that dumbass QAZI and that bikao Mandokhel, none of the judges would say that elections can be delayed

 

[Uxi.Ali]

What do you think the CJ is not biased ? When he insists of not constituting the full bench after every segment of the law community asked him to do so for the sake of the fairness of the justice and the credibility of the SC.
It is a decision no one liked, especially when he infringed the right of the EC and set aside a date for the election and issued schedule. It is for sure a transgression of the right of EC of Pakistan.

جسٹس اطہر من اللہ نے 90 دنوں میں انتخابات سے اختلاف نہیں کیا،اطہرکاظمی

www.siasat.pk

FYI

 

[Siberite]

جسٹس اطہر من اللہ نے 90 دنوں میں انتخابات سے اختلاف نہیں کیا،اطہرکاظمی

www.siasat.pk

FYI

It was no regarding to the Constitutional condition. I already said that. It had everything to do with the Jurisdiction of the SC and the High court domain. When the trial is being heard in High court, the SC has no constitutional authority to stop those proceedings in High court to open brand new proceedings in SC.

 

[Siberite]

isnt this the same CJ who forced IK to do the VONC.. IK could have been stubborn like PDM and simply say 'Hey frick you man.. have the balls to make a full court as we have invoked SECTION 5 of the constitution!!''.. but he didnt and respected the decision

Remember that that issue was a bigger controversy as IK was constantly calling out that there are conspiracies being hatched against me both from inside and outside.. yet the CJ made a decision with 5 bench and everyone accepted that.. GLADLY for some

Now, the fact of the matter is that all Judges and CJ are saying that there is no denying that elections are to be held within 90 days.. AS PER CONSTITUTION.. i dont understand what are they and PDM trying to play at now!.. when constitution says 90 days, then its 90 days.. just as VONC was to be done as per the TIME LIMIT

if all the judges were on a common ground and understanding then what held CJ to constitute full bench to get the same decision but with zero controversary?
And the answer lies in the fact that this was not maintainable in SC and this Suo Moto action could have been thrown out. Obviously, CJ was well aware of it and didn't want to be embarrassed.

 

[Uxi.Ali]

if all the judges were on a common ground and understanding then what held CJ to constitute full bench to get the same decision but with zero controversary?
And the answer lies in the fact that this was not maintainable in SC and this Suo Moto action could have been thrown out. Obviously, CJ was well aware of it and didn't want to be embarrassed.

You and i both know that who is being handled here dear Sir.. the fact that Farooq H Naik, a lawyer from PPP has the dissent note from Mandokhel, even before CJ has it gave all the idea to CJ wat the hell is going on... please understand that 90% of the ppl of Pakistan have now their eyes opened to reality and are now fully aware who is playing the game and how it is being played.. I mean you think of it, 1 week before the 9 member bench is created, the two judges who were actually supposed to be in the bench and had asked for Suo Moto were ridiculed by Maryam Nani in such a ridiculous manner that they had to separate themselves from the bench.. imagine PTI doing the same against Mandokhel and Mansoor Ali Shah... the point of the matter is that the SUO MOTO was easily maintainable if you look at the original 9 member bench... it is unfortunate that there is a grouping between CJ and Qazi Faiz and they are being forced to take political sides...

go and see the result of the 6 member bench that took care of Faiz Essa's stupid judgement and understand that even with a full member bench of 15 judges, Qazi's team would lose 9-6 easily.. so its not fruitful to waste more time on a simple matter of holding elections, AS I SAID EARLIER.. NOT ONE OF THE JUDGES SAID THAT THE ELECTIONS CAN BE DELAYED.. NOT ONE!!

 

[Uxi.Ali]

and look at the fricking funniest thing of ALLLL.. your favourite Mansoor Ali Shah and Mandokhel in the SHORT ORDER and DETAILED order clearly instructed to Lahore High court to settle the appeal of PTI for ELECTION DATES within 3 DAYS...3 Frigging DAYS!!! that was i believe in the last week of MARCH... up until their full detailed order (Dissent note) was released, they did not even bother to ask 'Hey what happened in LHC, as we have ordered'... literally nothing.. just that Suo Moto is not Maintainable as it is in LHC..

I mean ppl of pakistan are IGNORANT.. but the establishment think we are PLAIN OLD DUMB FOLKS!! (ill informed in the POV of a choooo)

 

[Uxi.Ali]

It was no regarding to the Constitutional condition. I already said that. It had everything to do with the Jurisdiction of the SC and the High court domain. When the trial is being heard in High court, the SC has no constitutional authority to stop those proceedings in High court to open brand new proceedings in SC.

It does bro.. it does.. Barrister Salman Akram Raja has shown precedence in not 1 but multiple cases.. SC has the power to take suo moto because eventually the aggreived party has to come SC for relief.. you and I both know how courts work!

 

[Uxi.Ali]

READ:

https://twitter.com/x/status/1643520962736926720

 

[Siberite]

It does bro.. it does.. Barrister Salman Akram Raja has shown precedence in not 1 but multiple cases.. SC has the power to take suo moto because eventually the aggreived party has to come SC for relief.. you and I both know how courts work!

All cases go back to SC. But that is the last staging ground for any party to get relief after going through the lower courts. If your argument has any validity, then all cases should be heard by SC since they will eventually end up in SC anyway. The lower courts should be shut down and the country can save money.