ISLAMABAD – The hearing of the review appeals on Article 63A against the decision not to count the votes of dissident Members of Parliament was postponed as Justice Munib Akhtar recused himself from the bench.
Chief Justice Qazi Faez Isa hinted at persuading Justice Munib to join and stated that if he doesn’t participate, a new bench would be formed.
According to media reports, a larger bench led by Chief Justice Qazi Faez Isa heard the review appeal on Article 63A. The bench included Justice Munib Akhtar, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, and Justice Mazhar Alam Miankhel. However, Justice Munib did not attend, leaving the seat next to the Chief Justice empty.
The chief justice mentioned that a five-member bench was formed, and a five-member bench led by former Chief Justice Umar Ata Bandial heard the case previously, giving a 3-2 decision on Article 63A. Justice Munib Akhtar had written a letter to the Registrar, requesting that it be made part of the record.
The chief justice said they would now rise and request Justice Munib Akhtar to join the bench. He also mentioned that Justice Munib Akhtar was present in the tea room, and his absence from today’s hearing was his choice. The review case will be heard again tomorrow, and it is hoped that Justice Munib Akhtar will join the hearing.
Chief Justice Qazi Faez Isa explained that the law requires the same bench to hear the review appeal, except that he replaced the former chief justice. Justice Aminuddin replaced Justice Ijaz-ul-Ahsan.
The chief justice emphasized that they would try to persuade Justice Munib; otherwise, a new bench would be formed. The review case on Article 63A has been pending for two years, and they respect Justice Munib’s opinion. However, the Supreme Court cannot be left inactive.
The chief justice conversed with the Additional Attorney General, who appreciated the Chief Justice’s wisdom. The Chief Justice read the contents of Justice Munib’s letter, in which he stated that he could not be part of a bench constituted by the Practice Procedure Committee. He clarified that his absence should not be misinterpreted, and his letter should be made part of the review case record.
Advocate Ali Zafar appeared on behalf of the PTI founder Imran Khan and mentioned that an attempt was made to obtain power of attorney for Imran Khan, but the jail authorities returned it. He further said that the Judges’ Committee did not form the bench under the Presidential Ordinance, and a member judge was not included in the Judges’ Committee. He requested that the matter be decided by the full court.
The chief justice noted that Ali Zafar was a party in the main case and will be heard in the review as well. The court allowed Ali Zafar to be made a party to the case.
Justice Jamal Khan Mandokhail stated that the issuance of a Presidential Ordinance is a constitutional right.
Subsequently, the hearing was adjourned until tomorrow.
