Justice Munib Akhtar noted that the four judges sitting on the bench are respectable, but today’s hearing is not in accordance with the law and rules.
Justice Munib Akhtar labels Article 63-A review hearing order as unlawful. Supreme Court Justice Munib Akhtar on Monday declared the order for hearing the review case regarding the interpretation of Article 63-A as illegal.
According to media reports, Justice Munib Akhtar wrote another letter to the Supreme Court of Pakistan Registrar, stating that the five-member larger bench was supposed to hear the case.
He further wrote in the letter that a four-member bench cannot hear the review case related to Article 63-A in court. He mentioned that the order of today’s hearing was sent to him, which has his name but lacks signatures.
Justice Munib Akhtar noted that the four judges sitting on the bench are respectable, but today’s hearing is not in accordance with the law and rules.
He stated that he had previously detailed his position in an earlier letter and wanted to record his protest against today’s hearing order.
He also mentioned that the order for today’s hearing is not a judicial order, and the order regarding the interpretation of Article 63-A in the review case holds no significance.
The hearing
At the outset of the hearing, CJP Isa noted that the May 17, 2022 verdict had been pronounced by a five-member bench.
Reading out his fellow judge’s letter, Chief Justice of Pakistan Isa quoted Justice Akhtar as saying that he “could not be part of the bench formed by the committee”.
However, at the same time, Justice Akhtar, according to the CJP, clarified that he was “not recusing from being a part of the bench” and that it should not be misconstrued as that.
The chief justice further quoted the judge as requesting for his letter to be made a part of the record for the review case. “There is no custom to make such a letter part of the court records. Justice Munib’s letter cannot be made a part of the court file,” the top judge observed.
Justice Isa remarked, “It would have been better if Justice Munib Akhtar had voiced his opinion before the committee. I have always encouraged differing views.”
Noting that the review petition had been pending for more than two years, the chief justice termed the case of Article 63-A as “very important”.
“Justice Munib Akhtar’s opinion is respected,” the CJP said, highlighting that once a bench had been formed, a judge could recuse from the case only when in the courtroom.
After reading out the letter, CJP Isa said, ’We will request Justice Munib right now that he sits among the bench [judges].
“The law requires that the review appeal should be heard by the original bench. I fulfilled the place of the former chief justice and Justice Aminuddin was included to substitute Justice Ijazul Ahsan.”
The chief justice said he would ask the judge to be a part of the bench as the review petition ought to be heard by a five-member bench as per the original case.
At one point, PTI’s Barrister Ali Zafar came to the rostrum and expressed his reservations on the bench-forming committee. “The committee can only form benches when all three members are present,” he said.
The top judge noted that Justice Akhtar had taken up other cases today and was also present in the TV Room. “Him not being a part of the hearing was his choice.”
Expressing hope that Justice Akhtar would be convinced to hear the case, Justice Isa said the hearing was being adjourned till tomorrow.
In case Justice Akhtar did not agree to hear the case, the bench would be reconstituted, the top judge said. He further announced that the hearing would resume tomorrow whether or not the judge agreed to remain part of the bench.
During the hearing, the additional attorney general also requested that the bench take up the case on Tuesday.
Subsequently, the hearing was adjourned till 11:30am tomorrow.
