The Supreme Court of Pakistan is set for a significant day of hearings today, with several high-profile cases scheduled for decision. The SC announced its decision in the Election Tribunals case early in the day, overturning a decision of the Lahore High Court.
The decision said that the LHC judge who issued the verdict had not taken into account the fact that a meeting had not taken place between the chief election commissioner and the chief justice.
The verdict also said that caution should be exercised in cases where a constitutional body is involved.
Justice Jamal Khan Mandokhail wrote an additional note to which Justice Aqeel Abbasi lent his agreement.
A five-judge bench, headed by Chief Justice Qazi Faez Isa, will hear a review petition challenging the court’s interpretation of Article 63-A of the Constitution. This article deals with the disqualification of members of parliament.
The Supreme Court also released the cause list and judges’ roster for the following week. Seven benches will hear cases at the Principal Seat in Islamabad.
Bench 1 will consist of Chief Justice Qazi Faez Isa, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal. Bench 2 will include Justice Mansoor Ali Shah, Justice Ayesha Malik, and Justice Aqeel Abbasi. Justice Munib Akhtar and Justice Athar Minallah will form Bench 3. Bench 4 will be composed of Justice Yahya Afridi, Justice Hassan Azhar Rizvi, and Justice Shahid Waheed. Bench 5 will include Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, and Justice Irfan Saadat. Bench 6 will consist of Justice Jamal Khan Mandokhail, Justice Musarat Hilali, and Justice Malik Shahzad Ahmad. Finally, Bench 7 will be formed by Justice Sardar Tariq Masood and Justice Mazhar Alam Miankhel.
Today’s hearings will also include a review petition against the court’s interpretation of Article 63-A and a case concerning pensions for retired High Court judges. A recount petition related to NA-37 Kurram will be heard on Thursday.
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.
