Article 63-A case review: Justice Munib Akhtar declares order of four-member bench illegal
ISLAMABAD : A hearing on the review case related to the interpretation of Article 63-A was held in the Supreme Court on Monday, with a formal written order also issued.
Justice Munib Akhtar, in his second letter to the registrar, described hearing order as illegal. He stated that a five-member larger bench was supposed to hear the case, and a four-member bench could not hear the review case related to Article 63-A.
Justice Akhtar stated that the order of today’s hearing was sent to him, with his name mentioned but without his signature. He added that the four judges on the bench are respectable, but today’s hearing was not in accordance with the law and rules.
According to Justice Munib’s letter, he had already expressed his stance in detail in the first letter and wanted to record his protest regarding today’s hearing order.
He said that the order is not a judicial order, and has no standing in the review case related to the interpretation of Article 63-A.
Earlier, the Supreme Court held a hearing on the review case of the Article 63-A decision. Justice Akhtar, part of the five-member bench, did not join the bench. Instead, he wrote a letter to the CJP questioning the presence of ad hoc judge, Justice Miankhel, in the bench, saying his inclusion appears to be contrary to Article 182.
Justice Akhtar’s letter recalled that CJP (while in minority on the three-member committee) had proposed a five-member bench, to be headed by senior puisne judge Justice Syed Mansoor Ali Shah to hear the present case. That proposal has now been abandoned and CJP has himself assumed the command of the review petition.
It may be recalled that the SCBA (Supreme Court Bar Association) sought a review of the May 17, 2022 ruling of a five-member bench on the defection clause under Article 63A.
The Supreme Court on Monday adjourned the hearing of Article 63 A revision case till Tuesday as Justice Munib Akhtar refused to join the larger bench.
