On Monday, two judges of the Pakistani Supreme Court, Justice Munib Akhtar and Justice Syed Mansoor Ali Shah, released a dissenting note that was detailed and critical of the Court's March 1 verdict. The dissenting note was issued hours after the Court heard the Pakistan Tehreek-e-Insaf's (PTI) plea challenging the postponement of elections in Punjab. The March 1 verdict had directed the Election Commission of Pakistan to consult with the President and Governor for polls in Punjab and Khyber Pakhtunkhwa respectively. The two judges had written additional notes in the Feb 23 order, questioning the initiation of proceedings under Article 184(3), and had dissociated themselves from the hearing. They stated that the original jurisdiction of the Court under Article 184(3) was "extraordinary" and "special", to be exercised only in exceptional cases of public importance relating to the enforcement of fundamental rights. They also expressed their reservations on the mode and manner in which the original jurisdiction of the Court was invoked, and on the constitution of the nine-member bench. They argued that the Court's jurisdiction should not be frequently and incautiously exercised, lest it damage the public image of the Court as an impartial judicial institution. The two judges stated that if the Lahore High Court had decided the intra-court appeals pending before it regarding the delay in polls while the Peshawar High Court had ordered the conduct of elections, then the Supreme Court should not have entertained the matter under Article 184(3).
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