A five-member bench of the Supreme Court of Pakistan adjourned hearing appeals in the Article 63-A case on Tuesday, with Chief Justice Qazi Faez Isa expressing reservations about how no-confidence motions work if dissenting votes do not count.
The hearing of a petition seeking a review of the 2022 verdict on the defection clause under Article 63A of the Constitution resumed on Tuesday with Justice Naeem Akhtar Afghan replacing Justice Munib Akhtar.
On Monday, a five-judge bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Munib Akhtar, Justice Amin ud Din Khan, Justice Jamal Khan Mandokhel and Justice Mazhar Alam Khan Miankhel, was supposed to resume hearing the review petition.
However, when the bench assembled, Justice Munib was absent. Justice Akhtar in a letter raised objection on the inclusion of Justice Alam in the bench.
He stated; “Justice (retd) Mazhar Alam, who currently attends sittings of the Court as an ad hoc judge in terms of Article 182. The reasons why it was considered necessary to so request Justice Mazhar (and another retired judge] are set out in the minutes of the meeting of the JCP held on 19-07-2024. … His inclusion in the bench to hear the CRP appears to be contrary to Article 182.”
The CJP adjourned the hearing till Tuesday (today), and said he would ask the judge to be a part of the bench as the review petition should be heard by a five-member bench as per the original case.
“The court will reconvene tomorrow (Tuesday) at 11:30 a.m., and if he (Justice Akhtar) does not want to sit in the bench then he will be replaced by another available judge.” The written order issued late in the evening on Mnday said; “Today Justice Munib Akhtar, headed Bench No III and conducted cases, and we were together in the Judges tea room. Therefore, we direct the Registrar to place before his lordship the instant order with the request to his lordship to join the Bench. However, if his lordship does not do so the Committee constituted under section 2 of the Supreme Court (Practice and Procedure) Act, 2023 is required to appoint another Judge in his place on the Bench.
