Law:

Section:

JUDGMENT        Arbab Muhammad Tahir, J.- This petition was heard on 30.03.2023 by a Larger Bench comprising of one of us (Mr Justice Arbab Muhammad Tahir, J.), Mr Justice Aamer Farooq, learned Chief Justice and Mr Justice Mohsin Akhtar, learned Senior Puisne Judge. Learned counsels for the respondent (Mr Imran Ahmed Khan Niazi) had raised objection as to maintainability of the petition, therefore, after hearing extensive arguments of both the sides on this legal point, the judgment was reserved. The Bench was to reassemble for pronouncement of judgment. Perusal of the material available on record reveals that Mr Justice Mohsin Akhtar Kayani, learned Senior Puisne Judge had authored and signed his own judgment, to which one of us (Mr Justice Arbab Muhammad Tahir, J.) has agreed/concurred. As per judgment of two members of the Larger Bench, the instant petition was “not maintainable”. The judgment of the two Members of the Bench refers to a “Draft judgment” authored by the learned Chief Justice, but the same is not part of the record. The said Bench was to reassemble and pronounce the verdict, obviously opinion of the majority as per clause 26 of the Letters Patent of the High Court which provides that if a Division Court is composed of two or more Judges and the Judges are divided in opinion as to the decision to be given on any point, such point shall be decided according to the opinion of the majority of the Judges, if there be a majority.   Upon reconstitution of the Bench, two of us (Mr Justice Tariq Mehmood Jehangiri, J. and Ms Justice Saman Rafat Imtiaz, J.) have been included to hear this petition whereas, the learned Chief Justice and Mr Justice Mohsin Akhtar Kayani, learned Senior Puisne Judge have been excluded. There is no judicial order on record showing that said learned Members of the Bench may have recused themselves from hearing this petition, particularly when one of them (Mr Justice Mohsin Akhtar Kayani, learned Senior Puisne Judge) had authored and signed his own judgment, agreed to by Mr Justice Arbab Muhammad Tahir, J. It is pertinent to mention that there is nothing on record that Mr Justice…