The Supreme Court’s Practice and Procedure Committee called a meeting for tomorrow (Tuesday), according to sources. Chief Justice of Pakistan Qazi Faez Isa would preside over the meeting.
The committee would review the letters from Justice Munib Akhtar before forming a new bench to hear a petition seeking a review of the 2022 verdict on the defection clause under Article 63A of the Constitution.
This meeting is expected to clarify the court’s next steps in light of the recent developments in the case.
This comes after the judge did not show up for the hearing of appeals in the Article 63-A case. He wrote a letter to Chief Justice of Pakistan Qazi Faez Isa and informed him that he would not be able to attend proceedings.
He requested that his absence “not be misconstrued” and that the letter should be made part of the court’s record.
The SC issued a written order 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.
In his response to the registrar, Justice Akhtar highlighted that the matter was fixed before a five-member bench but heard by four judges.
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According to the SC judge, four judges could not have sat and heard the matter that was listed before a five-member Bench. “What appears to have happened prima facie seems to be a complete departure from all precedent, and applicable law and rules. Respectfully, it is not acceptable to me.”
In the circumstances, he said: “I believe that the only response that I can give, in the available facts and circumstances, is to once again draw attention to my earlier note of today addressed to the Registrar.”
