Barrister Ali Zafar argued that PTI was not given a prior notice
The Supreme Court on Wednesday dismissed an objection raised by PTI founder Imran Khan’s counsel over the bench hearing a review petition against its 2022 verdict related to the defection clause under Article 63-A of the Constitution.
Through its May 17, 2022 verdict, the SC had declared that the vote cast contrary to the parliamentary party lines under Article 63-A should not be counted.
Article 63-A aims to restrict the voting powers of lawmakers by making them bound to the decision of the “Party Head” — whoever is formally declared the head of the party. The penalty for violating Article 63-A is disqualification from the National Assembly and the vacation of the defecting lawmaker’s seat, the Constitution states.
The review plea, filed by the Supreme Court Bar Association (SCBA), was on Tuesday taken up by a five-member bench — headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and also including Justices Justice Naeem Akhtar Afghan, Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel.
Justice Afghan had been included after Justice Munib Akhtar — part of the bench that originally heard the case — and senior puisne judge Justice Syed Mansoor Ali Shah successively chose not to sit on the larger bench.
During the hearing on Tuesday, SCBA President Shahzad Shaukat presented his arguments, with CJP Isa poking holes in the opinion rendered by the previous larger bench on the presidential reference filed by then-president Arif Alvi.
On Wednesday, Senator Ali Zafar appeared before the court as Imran’s lawyer while Shaukat and Pakistan Bar Council Vice Chairman Farooq H. Naek were also present.
At the outset of the hearing, Zafar said he would present “solid” arguments and seek more time to present them, saying he needed to consult the former prime minister on the case.
The counsel sought the court’s permission to meet with Imran to discuss the case with him, at which CJP Isa directed him to begin his arguments.
“If you had to consult with him, then you should’ve told us yesterday; we could’ve issued an order [in that regard],” the top judge said.
Here, Mustafeen Kazmi, who said he was a PTI lawyer, came to the rostrum and was told to go back. Following a harsh exchange of words with CJP Isa, Kazmi said the five-member larger bench was unconstitutional, as well as the inclusion of two judges in it.
