Article 63 A revision case: Hearing adjourned as Justice Munib Akhtar refuses to join bench
Pakistan
A five-member bench was to hear the review petition filed by SCBA at 11:30am
ISLAMABAD (Dunya News) – 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.
A five-member bench, headed by Chief Justice (CJP) Qazi Faez Isa, and comprising Justice Amin-ud-Din Khan, Justice Jamal Mandokhail, Justice Mazhar Alam and Justice Munib Akhtar, was to hear the review petition filed by the Supreme Court Bar Association (SCBA) at 11:30am.
The four members of the bench reached the courtroom for hearing, but Justice Akhtar did not turn up.
Instead, Justice Akhtar wrote a letter to the CJP which was handed over to the Supreme Court Registrar who delivered it to the chief justice.
JUSTICE AKHTAR'S LETTER
CJP Isa read the letter in which Justice Akhtar wrote: “I cannot be a part of this bench.”
Justice Akhtar stated that he could not be a part of the bench which was formed by the committee under the Practice and Procedure Ordinance.
Justice Akhtar wrote that he was not refusing to hear the case. “I cannot be part of the bench constituted by the committee. My refusal to join the bench should not be misconstrued.”
The judge requested the CJP to make his letter part of the case record.
The CJP refused to make the letter a part of the case record as it was not a tradition. It would have been appropriate for Justice Akhtar to come to the bench and give his opinion. “I have always encouraged dissent.”
CJP Isa said the revision case had been pending for more than two years. It's a very important case. Justice Akhtar should have refused to hear the case in court. “I respect Justice Akhtar’s opinion.”
Chief Justice Isa said under the law, the same bench should hear the revision appeal who heard the case. But since [former chief justice] Umar Ata Bandial has retired, he has taken his place. Justice Amin-ud-Din Khan has replaced Justice Ijazul Ahsan.
“We will request Justice Munib Akhtar to sit on the bench,” the CJP said.
He said Justice Akhtar was present in the apex court. He was also present in the tea room. It was his will not to join today's hearing. “We will hear this review case again tomorrow (Tuesday). Hope Justice Akhtar will join the hearing tomorrow.”
CJP Isa said he would try to convince Justice Akhtar. Otherwise, the bench would be reconstituted. The case would be heard whether Justice Akhtar joined the bench or not.
Earlier, the chief justice called the attorney general to the rostrum and told him that a larger bench was constituted to hear the case.
PTI Senator Barrister Ali Zafar came to the rostrum and expressed reservations on the committee saying it could constitute a bench when all three members are present in the meeting.
