Article 63-A review plea: SC adjourns hearing after Justice Munib’s withdrawal

The Supreme Court of Pakistan on Monday adjourned the hearing on a review plea challenging judgement on the defection clause under Article 63-A of the Constitution following Justice Munib Akhtar’s refusal to become part of the five-member bench.

Earlier, the  five-member bench, headed by Chief Justice of Pakistan Qazi Faez Isa, had comprised Justice Jamal Khan Mandokhail, Justice Aminuddin, Justice Mazhar Alam, and Justice Munib.

He added that we will try to bring Justice Munib Akhtar back to the bench, otherwise, the bench will be reconstituted.

Justice Munib, in his letter, said that he did not recuse from the bench, adding he cannot be a part of a bench, which was constituted by Practice and Procedure Committee.

He added: “My letter should be made a part of the case record.” To which, the CJP said this could not happen. He added that it would have been appropriate had Justice Munib given his opinion after being part of the bench.

Isa further said he respects Justice Munib’s opinion. The case has been pending for over two years and the Article 63-A case is very important.

In 2022, the SCBA had approached the Supreme Court of Pakistan, seeking a review on the interpretation on Article 63(A) pertaining to the treatment of dissidents.