The Supreme Court issued a written order on Monday regarding the Article 63-A review case, instructing the registrar to present a copy of the order to Justice Munib Akhtar.
It states that the registrar should request the judge to be part of the bench. If Justice Akhtar declines, a new judge will be added to the bench by the judges’ committee.
The written order notes that Justice Akhtar presided over bench No. 3 and was also present with other judges in the tea room.
Included in the written order is a letter from Justice Munib to the registrar, which clarifies that while he cannot be part of the bench, his refusal should not be interpreted as a “recusal” from the hearing.
The order specifies that the registrar would present the directive to the apex court judge and if he declines to join the bench, a new bench would be formed.
The written order includes a space for the signatures of the CJP and four other judges, indicating that Justice Munib has also been included among the judges. It is not immediately clear what implications there would be if Justice Munib refuses to sign the order.
“We direct the registrar to place before his lordship [Justice Akhtar] the instant order with the request to his lordship to join the Bench. If his lordship does not do so the committee constituted under section 2 of the Supreme Court (Practice and Procedure) Act, 2023 is required to appoint another judge in his place on the Bench,” the apex court bench hearing the defection law verdict review said in its order.
According to the order, the bench ordered the registrar to request Justice Akhtar to reconsider his decision and rejoin the bench hearing defection law verdict review.
Sources were of the view that if the SC judge refused to change his mind, the bench would proceed with the decision. Eventually, the matter would land in the judges’ committee where another judge would replace Justice Akhtar. Hence, a new bench would be formed.
