SC judge sticks to '4-3' verdict as CJP seeks to ease tensions.

ISLAMABAD -- The March 1 Supreme Court judgement regarding elections in Khyber Pakhtunkhwa (KP) and Punjab seems to have become a bone of contention among top judges, as Justice Jamal Khan Mandokhail, while sticking to his guns, wondered about the 'order of the court' in the suo motu proceedings.

The short order has two parts, one relates to the administrative authority with which 'we will deal internally by requesting the chief justice to constitute a committee', whereas the other portion relates to the suo motu hearing which was dismissed by a majority of four to three, explained Justice Mandokhail.

Wednesday's hearing attracted quite an interest among the politicians since a number of parliamentarians came to Courtroom No 1. To date, no 'order of the court' has been released and in the absence of such an order, how could April 30 be announced as the election date or its extension till Oct 8, Justice Mandokhail regretted.

In case of a split decision, the order of the court explains in the end about the 'real order' and which judgement was in majority or in minority, Justice Mandokhail observed, adding that even 'if we summoned the case file, one will find out there was no order of the court'.

Justice Mandokhail also asked Barrister Sajeel Shaharyar Swati - who was representing the ECP - about the commission's stance after the '4-3' judgement by Justice Syed Mansoor Ali Shah and Justice Mandokhail in which they dismissed the suo motu proceedings and held their view as 'the order of the court'.

In view of the observations made by Justice Mandokhail, 'it is the need of the day for the sake of justice that a full court be constituted', emphasised Senator Farooq H Naek who filed an application for impleadment of the ruling coalition partners in the case. Mr Naek emphasised that the fate of the country depended on the outcome of the present petition and when the entire nation was confused.

'Why the full court; why can't the seven judges who initially heard the suo motu hearing after two judges withdrew out of the nine-judge bench hear the case,' retorted Justice Mandokhail.

'Order signed by all judges'

Chief Justice of Pakistan (CJP) Umar Ata Bandial who was heading the five-judge bench asked Farooq Naek to furnish written submissions in this regard. During the hearing, Justice Munib Akhtar wondered how the 'minority could claim to be in majority when the March 1 short order was signed by all five judges'.

Justice Mandokhail wondered whether...