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Justice Munib Akhtar Skips SC Hearing Amid Judiciary Tensions
Justice Munib Akhtar skipped a crucial hearing on the Article 63A defection clause amid internal disagreements. CJP Qazi Faez Isa adjourned the case until tomorrow in hopes of bringing Akhtar back to the bench.
ND
by News Desk
2024-09-30
Justice Munib Akhtar Skips SC Hearing Amid Judiciary Tensions

Justice Munib Akhtar on Monday opted not to attend the Supreme Court hearing on a review petition concerning the interpretation of Article 63A of the Constitution, which addresses defection laws. The absence of Justice Akhtar, a member of the initially constituted five-member bench, comes amidst ongoing reports of internal tensions within the judiciary.

 

The review petition, originally filed by the Supreme Court Bar Association (SCBA), was set to be heard by a bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa. The bench was meant to include Justices Munib Akhtar, Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel. However, Justice Akhtar’s decision to skip the hearing came following his recent removal from the three-judge committee formed under the Supreme Court (Practice and Procedure) Act 2023.

 

Justice Akhtar's absence was reportedly in response to CJP Isa's decision to amend the structure of the three-member committee by removing Akhtar and appointing another judge in his place. This adjustment was criticized by Justice Mansoor Ali Shah, who had also boycotted the committee, calling out the "unfettered and arbitrary discretion" vested in the CJP’s role, particularly regarding the selection of judges.

 

During the hearing, CJP Isa disclosed that Justice Akhtar had communicated his decision in a letter addressed to the Supreme Court registrar. Reading out parts of the letter in court, CJP Isa quoted Justice Akhtar as saying he "could not be part of the bench formed by the committee," while also clarifying that his absence should not be misconstrued as him recusing from the bench entirely.

 

Although CJP Isa respected Justice Akhtar’s opinion, he emphasized the importance of the pending review of Article 63A, which had been under judicial consideration for over two years. Justice Isa further clarified that once a bench is formed, a judge could only recuse themselves during a court hearing. He added that Justice Akhtar’s absence was his personal choice, noting that the judge had been handling other cases in the court on the same day.

 

Chief Justice Isa stated that the review petition, which challenges the interpretation of Article 63A concerning the disqualification of defecting lawmakers, must be heard by a five-member bench. He expressed his hope that Justice Akhtar would agree to rejoin the bench, allowing the review petition to proceed in its original configuration.

 

The hearing was subsequently adjourned until 11:30 a.m. on Tuesday, with CJP Isa indicating that if Justice Akhtar remains unwilling to participate, the bench will be reconstituted.

 

The case continues to draw public and legal attention, as it deals with a pivotal clause in the Constitution that could have significant implications for political stability and party loyalty in Pakistan’s parliamentary system.
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