SC defers article 63-A review pela hearing after justice Munib’s excuse

Islamabad: The Supreme Court of Pakistan has adjourned the hearing of a review petition challenging its earlier ruling on the defection clause under Article 63-A of the Constitution. The adjournment followed Justice Munib Akhtar’s absence from the bench, leading Chief Justice of Pakistan (CJP) Qazi Faez Isa to postpone the hearing until tomorrow.

The five-member bench originally comprised CJP Isa, Justice Aminuddin, Justice Jamal Khan Mandokhail, Justice Mazhar Alam, and Justice Munib. However, when proceedings began, Justice Munib was unavailable, prompting the CJP to express hope that Justice Munib would return to the bench. Failing that, he noted, the bench would be reconstituted.

Justice Munib clarified in a letter that he had not recused himself but could not join the bench, citing the role of the Practice and Procedure Committee in its formation. He requested that his letter be included in the case record, but CJP Isa declined, expressing disappointment that Justice Munib had not voiced his concerns while part of the bench.

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The case in question involves the Supreme Court Bar Association’s (SCBA) petition to review the Court’s May 2022 ruling on Article 63-A, which deals with the disqualification of lawmakers for defection. The original decision, delivered by a divided bench, ruled that dissident votes should not be counted. The SCBA is now seeking a reversal of that interpretation, arguing that while defectors should be de-seated, their votes must be counted as per the Constitution.

The hearing is now set to continue tomorrow, with the possibility of a reconstituted bench if Justice Munib does not return.