In the case concerning the interpretation of Article 63-A, Imran Khan’s lawyer, Ali Zafar, raised objections regarding the composition of the bench.
The petition argues that the bench formed to hear the Article 63-A review case was not established under Section 2 of the Practice and Procedure Act. According to the amended Practice and Procedure Ordinance, a three-member committee should consist of the most senior judge of the Supreme Court and a judge nominated by the Chief Justice of Pakistan.
The petition asserts that the Practice and Procedure Act mandates that three independent judges be responsible for making decisions regarding the formation of benches. It emphasizes that the collective judgment of three judges is required for the establishment of a bench and the hearing of cases.
The petition further notes that it is on record that Justice Mansoor Ali Shah did not attend the three-member committee meeting on September 23. Following Justice Mansoor Ali Shah’s absence, the Chief Justice and his nominated judge decided to schedule the review petition for hearing before the current bench.
The petition argues that a decision by two judges cannot be deemed a decision of the three-member committee, highlighting that only two members participated in the committee meeting instead of three.
According to the petition, an incomplete committee under the Practice and Procedure Act cannot schedule cases for hearing or form benches; thus, the two judges do not have the authority to set the current review petition for hearing before the bench.
Moreover, the petition contends that the current bench is not qualified to hear the review petition, as it was the Chief Justice Qazi Faez Isa and his nominated judge who formed the bench for hearing review petitions on September 23, and both members included themselves in this bench.
The petition also requests that the Chief Justice and Justice Aminuddin withdraw themselves from the bench, as their decisions are being challenged in this case.
It is worth noting that today, senior Supreme Court judge Justice Muneeb Akhtar expressed his inability to be part of the bench formed to hear the review petitions regarding the interpretation of Article 63-A. The hearing has been adjourned until tomorrow due to Justice Muneeb’s absence.
Justice Muneeb Akhtar has written a letter to the Supreme Court Registrar, which Chief Justice Qazi Faez Isa read aloud in court.
Previously, on May 17, 2022, the Supreme Court, in its ruling on a presidential reference regarding the interpretation of Article 63-A, stated that a vote cast by a dissident member of the assembly against party policy would not be counted. The determination of lifetime disqualification or the period of disqualification would fall to Parliament.
This decision was made by a five-member bench led by then Chief Justice of Pakistan, Justice Umar Ata Bandial, and was announced with a majority of three to two. Various review petitions had been filed on this matter, but hearings had yet to take place.
