Judge steps down from SC bench after lawyer’s objection sparks tension in reserved seats hearing

ISLAMABAD – A crucial hearing in the Supreme Court took an unexpected turn on Friday when Justice Salahuddin Panhwar recused himself from the constitutional bench reviewing the reserved seats case, citing objections raised by a PTI-linked lawyer.

The objection came from Hamid Khan, representing the Sunni Ittehad Council — the main ally of Pakistan Tehreek-e-Insaf (PTI) — who questioned the inclusion of judges appointed under the controversial 26th Constitutional Amendment. Passed in October last year, the amendment increased the number of Supreme Court and high court judges to reduce case backlogs but drew significant criticism from the opposition.

Justice Panhwar, in a written note, said he was stepping down to preserve public trust in the judiciary. “When any party casts doubt on the bench, it’s our duty to ensure fairness is not only done but seen to be done,” he wrote. He acknowledged personal ties with Hamid Khan but stressed that the objection, though hurtful, wasn’t about personal feelings. “Allegations of bias are deeply painful. No judge wants the public to question their impartiality,” he added.

Khan welcomed the recusal — a reaction that sparked disapproval. Justice Amin-ud-Din Khan questioned the appropriateness of the response, pointing out that another SIC lawyer was still presenting arguments. Justice Jamal Khan Mandokhail was more direct in his criticism: “This entire situation has been caused by your conduct. You weren’t even entitled to argue, but we allowed it out of respect.”

Khan insisted that he had the right to make his case, prompting the bench to pause proceedings briefly. The hearing later resumed with a reconstituted 10-member bench.

At the heart of the case is the Supreme Court’s July 12, 2023, verdict that granted PTI reserved seats for women and minorities — a decision that, if implemented, would strengthen PTI’s representation in both national and provincial assemblies. However, the National Assembly has yet to act, and the Election Commission of Pakistan (ECP) has raised objections.

Review petitions challenging that ruling have been filed by the PML-N, PPP, and ECP, making this one of the most closely watched constitutional disputes in recent months.