ISLAMABAD (Dunya News) – As the “newly-constituted” five-member Supreme Court bench with Justice Naeem Akhtar Afghan added to it heard the Article 63-A revision case, Chief Justice of Pakistan (CJP) Qazi Faez Isa clarified the reconstitution of the bench.
At the outset of the hearing, Supreme Court Bar Association President Shahzad Shaukat and PTI’s Barrister Ali Zafar came to the rostrum and the CJP started repeating what happened yesterday (Monday).
He said Justice Munib Akhtar refused to join the bench. He was requested to join the bench, but he wrote a letter. In the evening, he wrote another letter reiterating his previous stance.
The CJP summoned the bench formation committee at 9am on Tuesday to pick a fifth judge.
Today, “I suggested the committee to include Justice Mansoor Ali Shah. But Justice Shah also refused to join the both the committee and the bench. After that we were left with no other option but to include Justice Afgan in the bench,” CJP Isa added.
“Without disturbing other benches, we included Justice Naeem Akhtar Afghan in the larger bench,” he continued.
Chief Justice Isa said the apex court was open now; “nothing happens behind closed doors.”
“Now the larger bench is complete, and the proceedings should start.”
The reconstituted bench is headed by Chief Justice Isa and includes Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Mazhar Alam Khan Miankhel.
As proceeding began, Barrister Ali Zafar pleaded that he wanted to raise an objection. The CJP ordered him to go back to his seat. “We will hear you later.”
The CJP said in his remarks that the minutes of today's meeting of the Practice and Procedure Committee had also been released and uploaded on the apex court’s website.
It may be recalled that the bench is hearing a review petition filed by the SCBA (Supreme Court Bar Association) on the court’s May 17, 2022 ruling on the defection clause under Article 63-A.
MEETING MINUTES
Meanwhile, the committee meeting’s minutes, uploaded on the website, said CJP Isa had proposed the name of Justice Mansoor Ali Shah, the senior puisne judge and a member of the committee as well.
However, Justice Shah, who had also earlier expressed his displeasure about the recent changes to the bench-forming committee, “did not attend the meeting”.
His personal secretary said Justice Shah “will not be participating nor wants to be a member of the said bench.”
According to minutes of the meeting, the committee therefore “decided to appoint the second senior member of the bench on the chief justice’s bench, namely, Hon’ble Justice Naeem Akhtar Afghan, on the bench, as his lordship would be available since bench No. 1 work would conclude at 11 am and work of no other bench will be disturbed”.
THE PROCEEDINGS
Shahzad Shaukat said that in 2022 the revision petition was filed. The chief justice said that even Abid Zubairi did not withdraw the [review] petition when he became the president of the SCBA.
The CJP said both groups of the SCBA were unanimous on the review petition. It's heartening to note that the plea was not motivated by politics, remarked the CJP.
Advocate Shaukat replied that the revision was purely a constitutional issue.
After hearing Shahzad Shaukat, Barrister Ali Zafar and Farooq H. Naek, the chief justice remarked that the court would hear the remaining lawyers tomorrow and adjourned the hearing.
Also read: Justice Naeem Akhtar Afghan included in SC bench hearing Article 63-A review petition
Justice Naeem Akhtar Afghan replaced Justice Munib Akhtar on the bench hearing review petitions related to Article 63-A today (Tuesday).