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At the start of the hearing, objections were raised by the federal government regarding the inclusion of Justice Mansoor Ali Shah in the bench. The Attorney General, taking the podium, informed the court about the directives received from the federal government.

According to the Attorney General, Justice Mansoor Ali Shah has a familial relationship with one of the applicants, which could potentially impact their impartiality.

The Chief Justice emphasized that the formation of the bench cannot be based on personal preferences. He questioned the reason behind objecting to such a esteemed judge of the court. In response, the Attorney General stated that he personally has no objection.

Justice Mansoor Ali Shah reiterated that he had already mentioned on the first day that if anyone had any objections, they should speak up.

Subsequently, Justice Mansoor Ali Shah voluntarily recused himself from the bench.

During the proceedings, Justice Mansoor Ali Shah excused himself from the 7-member bench. Consequently, even the 7-member bench collapsed after the formation of a larger 9-member bench to hear the trial concerning the Swellings in military courts.

The Chief Justice engaged in a conversation with the Attorney General, expressing concerns about conflicting interests. While acknowledging the Attorney General's commendable character and integrity, the Chief Justice highlighted the continuous stream of objections raised against the bench. Initially, the dispute revolved around whether the decision regarding the Punjab elections was made by 3 judges or 4. Jawad S. Khwaja was characterized as a humble individual, yet the controversy surrounding the bench persists.

During the hearing, Shoaib Suddle clarified that this case is not a personal matter, but one involving fundamental rights. Meanwhile, Hamid Khan requested the judges to proceed with hearing the case.

Justice Mansoor Ali Shah stressed, "Please try to understand, this decision lies with the judges. I cannot preside over this case."

Salman Akram Raja suggested that Justice Mansoor Ali Shah reconsider his decision.
#supremecourt #latifkhosa #aitzazahsan


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