A dramatic scene unfolded in the Supreme Court of Pakistan on Monday as Justice Munib Akhtar did not show up for hearing of appeals in the Article 63-A case.

A five-member bench led by Justice Qazi Faez Isa took up the appeals on Monday. The bench also included Justice Aminuddin Khan, Justice Jamal Mandokhail and Justice Mazhar Alam.

Chief Justice Qazi Faez Isa announced that Justice Munib had written to inform him that he would not be able to attend proceedings. The proceedings were then adjourned.

The letter written by Justice Munib to the registrar said that the bench had been formed by a new committee under the Practice and Procedure ordinance, therefore he could not be part of the bench.

He also requested that his absence may not be misconstrued and that the letter should be made part of the court’s record.

CJP Isa added that the bench would try to convince Justice Munib to attend the proceedings on Tuesday. He added that the letter could not be added to the court’s record as per tradition.

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The Supreme Court had previously scheduled the review appeals on the interpretation of Article 63-A for September 23rd.

The court’s May 17, 2022, decision on a presidential reference regarding Article 63-A stated that a vote cast by a defected member of parliament against party policy would not be counted, and that the duration of disqualification would be determined by parliament.

This 3-2 decision, led by then-Chief Justice Umar Ata Bandial, saw Justices Mazhar Alam Miankhel and Jamal Khan Mandokhail dissenting. The majority opinion, written by Justice Munib Akhtar, was challenged through various review petitions that have remained pending until now.