Article 63. A revision case: Hearing postponed while Justice Munib Akhtar refuses to join the bench.

ISLAMABAD – The Supreme Court deferred the hearing on the Article 63 A revision issue until Tuesday after Justice Munib Akhtar declined to join the enlarged bench.

A five-member panel, chaired by Chief Justice (CJP) Qazi Faez Isa and consisting of Justice Amin-ud-Din Khan, Justice Jamal Mandokhail, Justice Mazhar Alam, and Justice Munib Akhtar, was scheduled to hear the Supreme Court Bar Association’s (SCBA) review petition at 11:30 a.m.

The four members of the bench entered the courtroom for the hearing, but Justice Akhtar did not appear.

Instead, Justice Akhtar penned a letter to the CJP, which was turned over to the Supreme Court Registrar, who delivered it to the Chief Justice.

JUSTICE AKHTAR’S LETTER

CJP Isa read the letter in which Justice Akhtar stated, “I cannot be a part of this bench.”

Justice Akhtar claimed that he could not be a member of the bench established by the committee under the Practice and Procedure Ordinance.

Justice Akhtar stated that he is not refusing to hear the matter. “I am unable to serve on the committee-appointed bench. My unwillingness to join the bench should not be misinterpreted.”

The judge requested that the CJP make his letter part of the case record.

The CJP refused to make the letter part of the case record since it was not customary. It would have been proper for Justice Akhtar to appear before the bench and express his opinion. “I have always encouraged dissent.”

CJP Isa stated that the revision matter has been ongoing for more than two years. It’s a really significant case. Justice Akhtar should have declined to hear the case in court. “I respect Justice Akhtar’s opinion.”

Chief Justice Isa stated that under the law, the same bench that heard the case should consider the revision appeal. But now that [former Chief Justice] Umar Ata Bandial has resigned, he has assumed his post. Justice Amin-ud-Din Khan has succeeded Justice Ijazul Ahsan.

“We will request Justice Munib Akhtar to sit on the bench,” remarked the presiding judge.

He stated that Justice Akhtar was present at the supreme court. He was also seen in the tea room. It was his decision not to attend today’s hearing. “We’ll hear the review case again tomorrow (Tuesday). I hope Justice Akhtar would attend the hearing tomorrow.”

CJP Isa stated he’d attempt to persuade Justice Akhtar. Otherwise, the bench will be recreated. Whether or not Justice Akhtar joined the bench, the case would still proceed.

Earlier, the chief justice summoned the attorney general to the rostrum and informed him that a wider bench had been formed to hear the case.

PTI Senator Barrister Ali Zafar approached the rostrum and voiced misgivings about the committee, stating that it could form a bench if all three members were present.