ISLAMABAD – The hearing on the review petitions regarding the interpretation of Article 63-A of the Constitution has been postponed due to Justice Muneeb Akhtar’s absence from the court.
The Supreme Court began the hearing of the review petitions regarding the interpretation of Article 63-A, with Chief Justice Qazi Faiz Isa, Justice Amin Uddin, Justice Jamal Mandokhel, and Justice Mazhar Alam present in the courtroom. However, Justice Muneeb Akhtar did not attend.
Chief Justice of Pakistan (CJP) Qazi Faiz Isa called the Attorney General to the rostrum and remarked that a larger bench was formed for the case for today [Monday], which was previously decided by a five-member bench.
Justice Muneeb Akhtar had written a letter to the Supreme Court registrar, and during the hearing, Chief Justice Qazi Faiz Isa read out the contents of Justice Muneeb’s letter.
Contents of Justice Muneeb’s Letter:
Justice Muneeb Akhtar wrote that he is not refusing to hear the case, stating that once a bench is formed, such a refusal can only be made in court. He mentioned that he cannot be part of the bench formed by the Practice and Procedure Committee, but he is not refusing to sit on the bench and requested that his letter be included in the record of the review case.
The Additional Attorney General asked the Supreme Court to reconvene the bench on Tuesday while Barrister Ali Zafar expressed reservations about the committee, saying that the committee could only form a bench if all three members are present.
The Chief Justice of Pakistan remarked that it is not customary to include such letters in the court record, and Justice Muneeb’s letter cannot be part of the court file. He stated it would have been appropriate for Justice Muneeb Akhtar to come to the bench and provide his opinion, adding that he has always encouraged dissenting opinions. He noted that the review case has been pending for over two years.
Chief Justice Qazi Faiz Isa emphasized that the case concerning Article 63-A is very important and that a judge’s refusal to hear a case occurs in court. He acknowledged respect for Justice Muneeb Akhtar’s opinion.
The CJ requested Justice Muneeb Akhtar to join the bench, observing that efforts would be made to bring him back; otherwise, the bench would be reconstituted. He expressed hope that Justice Muneeb Akhtar would rejoin the bench, observing that regardless of whether he does or not, the case would be heard on Tuesday (tomorrow).
The Supreme Court has postponed the hearing on the review petitions regarding the interpretation of Article 63-A until 11:30 am Tuesday (tomorrow).
