ISLAMABAD:  A three-member bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar, is hearing the petition challenging Mazari’s ruling, which proved to be instrumental to Hamza Shehbaz’s victory.

During the election, Mazari had decided against counting the votes of 10 PML-Q lawmakers, which were cast in Elahi’s favour, citing a letter written by party President Chaudhry Shujaat Hussain in which he had instructed them to vote for Hamza instead.

The chief justice remarked that the bench had not been provided with even one legal argument in favour of constituting a full bench during yesterday’s hearing. “You asked for time which is why the hearing was adjourned,” he told Naek.

“Remain in the court and watch the proceedings. The legal question has not been answered yet,” he added.

Justice Bandial said the question was whether the party head could issue instructions to the parliamentary party. “According to the law, the parliamentary party makes the decision [who to vote for]. The party head can send a reference in case of deviation from the party policy.

“A full-court bench cannot be formed for this question.”

The chief justice said lawyers for all sides had been given time to present their arguments. The Supreme Court had dismissed the caretaker cabinet in 1988, the CJP continued, adding that the chief executive was the head of the cabinet.

“We want to wrap up the matter of Punjab chief minister as soon as possible. We could not be convinced to [constitute] a full bench.”

He iterated that a full bench could not be formed till the second week of September and said the court would now hear arguments on the case’s merit. “There is a crisis in the province because of this case. Further delaying tactics will not be tolerated in this case,” he cautioned.

Talking to media persons outside court, Irfan Qadir, the deputy speaker’s lawyer, said that his client had decided against participating in the case further.

“There has been an unprecedented boycott across the country against the apex court’s verdict [on the full court bench],” he told reporters. “My client has decided to exercise the constitutional right and [file a] plea for a review of yesterday’s decision.”

Qadir said that he was hopeful the review petition would be fixed before a full-court bench, or one separate from the three-member bench. “And I am sure the case will be heard on the grounds of merit.”

Referring to Justice Qazi Faez Isa’s case, he said that a nine-member bench was formed to hear the matter of one judge. “Why is a three-member bench hearing the matter which concerns to the entire country?”

The Supreme Court, he added, had no right to interfere in the matters of the Parliament. “It should rather strengthen and stabilise it and vice versa.”

During the hearing on Saturday, the court had allowed Hamza — who was re-elected on July 22 — to remain “trustee” chief minister till July 25.

Yesterday, the government requested the constitution of a full bench.

The plea was, however, rejected as the CJP ruled that the full court would mean the hearing of the case would not resume before September due to unavailability of judges amid current vacation.

“But we can’t allow such state of affairs to drag and prolong,” Justice Bandial had said.