ISLAMABAD: The Supreme Court has adjourned the hearing on a review petition challenging its judgement on the defection clause under Article 63-A of the Constitution after Justice Munib Akhtar refused to become part of the five-member bench.
The originally formed five-member bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, had comprised Justice Aminuddin, Justice Jamal Khan Mandokhail, Justice Mazhar Alam, and Justice Munib.
However, as the hearing began today, Justice Munib was unavailable from the bench, following which the CJP adjourned the hearing till tomorrow (Tuesday), saying that the judge would be requested to rejoin the bench.
“We will try to bring Justice Munib Akhtar back to the bench, otherwise, the bench will be reconstituted,” said the chief justice.
In his letter, Justice Munib said that he did not recuse from the bench, saying he cannot be a part of a bench that was constituted by Practice and Procedure Committee.
“My letter should be made a part of the case record,” said Justice Munib, to which CJP Isa said this could not happen. He added that it would have been appropriate had Justice Munib given his opinion after being part of the bench.
The CJP said that he respects Justice Munib’s opinion, however, the case has been pending for more than two years and the Article 63-A case is very important.
Justice Munib, in his letter, noted that the “matter of fixing a bench for the CRP appeared suddenly on the committee’s agenda at its 17th meeting held on July 18, it seems for the first time even though the committee has been meeting since before July 17.”
“Even though no bench was constituted, the Chief Justice (in minority) had proposed a five member bench, to be headed by the senior puisne Judge. That proposal has now been abandoned and the Chief Justice has himself assumed command of the CRP, for reasons that are not unknown,” he wrote.
“I may also note that the bench now constituted includes Justice (R) Mazhar Alam Miankhel, 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 Miankhel (and another retired Judge) are set out in the minutes of the meeting of the JCP held on 19.07.2024.
